the european rohingya council constituiton (erc)

7/29/2019 The European Rohingya Council Constituiton (ERC)

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r

Constitution of the

European RohingyaCouncil (ERC)

RatifiedAugust 24-25, 2013Offenbach Germany

www.theerc.net

[email protected]


2/261Ratified August 24-25, 2013 Offenbach Germany

ARTICLE 1 NAME

ARTICLE 2 THE ERC

ARTICLE 3 PRINCIPLE AND DIRECTIONS

ARTICLE 4 TYPES OF MEMBERSARTICLE 5 REGISTRATION OF MEMBERSHIP

ARTICLE 6 DUTIES AND RIGHTS OF MEMBERS

ARTICLE 7 ERCS STRUCTURE AND ADMINISTRATION

ARTICLE 8 GENERAL CONVENTION

ARTICLE 9 THE ERC COUNCIL

ARTILCE 10 THE ERCS ELECTION

ARTICLE 11 THE OFFICE OF SECRETARY GENERALARTICLE 12 LIAISONS BODY

ARTICLE 13 BRANCH

ARTICLE 14 BRANCH COMMITTEE

ARTICLE 15 DISCIPLINE

ARTICLE 16 THE YOUTH WING AND WOMEN WING

ARTICLE 17 ERCS LOGO

ARTICLE 18 ERCS FLAGARTICLE 19 SOURCE OF FUNDS

ARTICLE 20 ERCS FEES

ARTICLE 21 HOW TO DEPOSIT AND USE ERCS FUNDS

ARTICLE 22 CONVENTION RULES

ARTICLE 23 AMENDMENT OF THE CONSTITUTION

ARTICLE 24 TEMPORARY POWERS TO ORGANIZE ERC

ARTICLE 25 INTERPRETATION



ARTICLE 1 NAME

This organization is known with the name ofTheEuropean Rohingya Council. Definite article the

is used in order to show organizations uniquenessand non-affiliation with any other organization orentity. Article the will further forbid others to imitatethe 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 ArakanState, Burma (Myanmar) and Europe in particular

and Rohingya around the world in general.

3.1 To restore, uphold and protect theethnic rights of Rohingya.

3.2 To strive for the restoration of citizenshipand citizens rights similar to that of anyother citizen in the country (Myanmar).

3.3 To uphold, protect the religious andfreedom of religion for Rohingya and allother ethnicity in the country.

3.4 To strive for the sovereignty of the peopleand social justice by practicingDemocratic System of Parliamentary

Government.

3.5 To establish co-operation between



Rohingya and sister communities inArakan, 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 Ordinary Member; and

4.1.2 Affiliated member.

4.2 An ordinary member is of Rohingya race

aged 18 and above. Any Rohingyairrespective of residency can apply for themembership of ERC provided that he/sheis loyal to the organization and agree toabide by the constitution.

4.3 An affiliated member is a non-governmental organization or a non-

Rohingya which agrees to co-operate withERC and accepts the constitution andconditions determined by the ERCsCouncil.

ARTICLE 5 REGISTRATION OF MEMBERSHIP

5.1 Every Rohingya has the right to apply tobe ERC member in accordance with itsConstitution and Rules.

5.2 An application to register as an ordinarymember shall be brought to the BranchCommittee or shall be forwarded to thecouncil member of the particularcountry.

5.3 The memberships registration formmust be signed by the applicant and a



proposer from a member of the branchor council member where the applicationfor membership is made to and shall beenclosed with the registration fees inaccordance with Article 19.1.

5.4 If the responsible branch or councilmember failed to forward the application toERC Council within two months, he/shecan report the matter to any Councilmember who can report i t directly tothe council. The Council shall thendecide on the matter.

5.5 Any member can report to The Councilon any applicant who is deemed to beunfit as a member of the organization.

5.6 The Council has the right to make decisionson any membership application or on thestatus of the application (includingderegistration and registration) and suchdecision shall be final.

5.7 Any organization wishing to be an AffiliatedMember shall send a written applicationsigned by its responsible person to ERCsSecretary General.

5.8 ERCs Council is empowered to determinethe registration form, registration andmonthly fees.


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Ratified August 24-25, 2013 Offenbach Germany

ARTICLE 6 DUTIES AND RIGHTS OF MEMBERS

6.1 Every member has following duties:-

6.1.1 To uphold the organizationsprinciples firmly and toimplement its aims.

6.1.2 To attend all meetings and totake part in all party activitieswherever and whenever it ispossible.

6.1.3 To perform the organizationsfunctions and adhere to itscode of ethics, orders anddiscipline.

6.1.4 To serve the ERCs andRohingyas interest anywhere andeverywhere.

6.1.5 Readiness and willingness tooppose the Rohingyas enemies.

6.2 Every member has the following rights:-

6.2.1 To speak and give opinions andattend organizations meetings.

6.2.2 To vote, be elected and beappointed to hold any portfolioin the organization according tothe constitution.


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6.2.3 To take part in theelections and receive theo r g a n i z a t i o n s

nomination as acandidate.

6.2.4 Members being proposedfor suspension shall notlose his or her membership rights unlessit is decided by the

council.

6.2.5 Member who is notrepresentative to themeetings of the BranchDelegation or theGeneral Convention canbe nominated and

compete for the post bygiving his consent inwriting.

6.3 A member does not have right:-

6.3.1 To be a member of morethan one Branch.

6.3.2 To delegate his votingrights to anyonewhosoever.

6.3.3 To use his rights under Article 6.2 if he or shehas not paid the fees

apportioned under theConstitution in last threemonths or total of four


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months in a period of 12months.

6.3.4 To be Chairman, vice-Chairman, or CommitteeMember of more than oneBranch unless he or shehas written permissionfrom the Council.

6.3.5 To take part inaddressing, voting,electing and be elected inthe Branch Conventionand other than thebranch where he or sheis a member.

6.3.6 A member is ceased to be

the member of theorganization in followingcases

i. He/she does notpay membershipfees for threeconsecutive

months or total offour months in acalendar year.

ii. Whenever councildecides so for thebreach ofdiscipline mention

in article 16.1 and16.2


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iii. If a member atany level send a

written resignationto the Council.

iv. All the three subarticle I, ii, and iiicome into effectsubject to the finaldecision of the

Council.

ARTICLE 7 ERCS STRUCTURE AND ADMINISTRATION

7.1 The form of the partysstructure and the division ofpowers is as follows:-

7.1.1 Central The Council.

7.1.2 Secretariats 8secretariats unlessotherwise is decided bythe general Convention.

7.1.3 Advisory Board An

advisory boardcomprising at least 5advisors from differentcommunities andbackground.

ARTICLE 8 GENERAL CONVENTION

8.1 The General Convention is thehighest authority and the


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operation of the organization isbased on its powers and decreesubject to ERCs Constitution andRules.

8.2 The General Convention shall beheld once a year at any time o f t h e y e ar determined by theCouncil on condition not later than 14 months from the date ofthe last General Convention.

8.3 The functions of the GeneralConvention are:-

8.3.1 To decide on theorganizations policies.

8.3.2 To evaluate the works doneby the Council and

Secretariats.

8.3.3 Subject to Article 9.3, tochoose Members of theCouncil.

8.3.4 To choose the Chairman,the vice-Chairman and

General Secretary.

8.4 The General Convention shall consistof:-

8.4.1 The Chairman and the Vice-Chairman and SecretaryGeneral.

8.4.2 The Council members.


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8.4.3 At least one delegate for each Branch. However, theCouncil can waiver thisrequirement if a branchcannot send any delegatedue to unavoidableconstraints.

8.5 The Special General Conventionshall be held when either one of thethree (3) requirements are met:-

8.5.1 With the Chairmans and viceChairmans request.

8.5.2 With the written request bythe majority of The Councilmembers.

8.5.3 With the written request of the (2/3) secretariats.

8.6 In accordance with the abovementioned article 8.5.3, the SecretaryGeneral shall call for the SpecialGeneral Convention. If SecretaryGeneral does not do so within

fourteen (14) days after receivingthe last application from the Councilmembers or Secretariats, the SpecialGeneral Convention shall be calledby the Chairman or vice chairmanand if the Chairman or vice chairmandoes not do so within twenty eight(28) days from receiving the original

call, the Counc i l m embers o r Secretariats that made the call for the


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said Special General Convention cancall Special General Convention oncondition that all the delegates andcouncil members are informed.

ARTICLE 9 THE COUNCIL

9.1 The Council is the body thatoperates the administration of ERCmatters under the powers and decreeof the General Convention and theCouncil is empowered to take anymeasures on behalf of the GeneralConvention in its absence but it mustbe reported to the General Conventionwhen it is convened.

9.2 The Council shall consist of :-

9.2.1 At least one council memberfrom each European countrywhere Rohingyas reside.

9.2.2 The Chairman shall bepreferably one of the councilmembers.

9.2.3 Secretary General shall be

preferably one of the councilmembers.

9.2.4 Article 9.2.2 and 9.2.3 can beoverride by the decision oftwo third of the councilmembers.

9.2.5 Electing a Council member is


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the rights and prerogative ofthe members in the country.However, countries membersdo not have the right tochange or replace a councilmember until next GeneralConvention.

ARTICLE 10 THE ERCS ELECTION AND DUTIES

10.1 Election of Council members:-

Each country shall be represented by atleast one council member and councilmembers shall be elected by the delegatesfrom respective country. Council shalldecide on the number of council membersfrom a particular country. To nominateoneself for the position of council member

following criteria shall be met.

I. He/she must have been the ordinarymember of the ERC for at least oneyear.

II. Paid regular membership fees.

III. Has not committed any harm for theorganization.

IV. It is the sole right of countrysdelegate to elect own councilmember or members. Both thecouncil member to be elected and

electing delegates shall satisfy abovecondition and article 4.1.1 and 4.2


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V. To exercise the right to select owncouncil member or members one

shall have been the member of theERC for last three months andsatisfy article 4.1.1 and 4.2

10.2 An election commission shall be formed witha neutral commissioner who is not a memberof ERC if available. Election commissionshall be responsible to smoothly conduct the

election and oversee the whole electionprocess.

10.3 Elected council members shall elect aChairman and a Secretary General fromwithin themselves who shall then be ratifiedby the General Convention, as soon aspossible.

10.4 A vice chairman shall be elected by thegeneral convention from within or outsidecouncil members provided that the personsatisfies article 4.1.1 and 4.2

10.5 The ERC council along with its elected vicechairman shall then immediately select

required secretariats that shall serve theinterest of general convention and thecouncil.

10.6 The duties of the ERCs council

10.6.1 The Chairman.

10.6.1.1 To be the principalleader and responsible


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to ensure the smoothoperation of the party.

10.6.1.2 To oversee the activitiesof every council memberand secretariat and reportthe convention if anydisciplinary action deemsnecessary.

10.6.1.3 Chairman is spoke personof the organization.

10.6.2 Vice Chairman:

10.6.2.1 To assist the chairmanin his duties.

10.6.1.1 To shoulder theresponsibilities in the

absence of theChairman .

10.6.2 Secretary General:

10.6.2.1 Responsible to thecouncil.

10.6.2.2 Responsible the smoothoperationof the Councilsmeetings and theGeneral Convention.

10.6.2.3 To prepare the AnnualStatement which

explains the works andprogress of theorganization for the


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year to the Council.

10.6.2.4 In the absence ofchairman and vicechairman GeneralSecretary shall takeresponsibility.

10.6.2.5 2/3 of the councilmembers can overridearticle 9.6.3.2, 9.6.3.3and 9.6.3.4.

10.6.3 Treasurer:

10.6.3.1 Responsible for theproper

operation of ERCsfinances.

10.6.3.2 To prepare theAccounts Statement forinspection by theCouncil and report it tothe General Convention.

10.6.3.3 To collect regularmembership andmonthly fees from the

members. To inform thecouncil if a member hasnot paid his/hermembership fees forthree consecutivemonths.

10.6.4 Media Secretary:

10.6.4.1 Responsible for the


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smoothoperation of informationand media activitiesand to report them tothe Council and GeneralConvention.

10.6.4.2 To administer ERCswebsite, social media,email, etc.

10.7 If the Chairman resigns Vice Chairmanshall automatically be Acting Chairmanuntil a General Convention is held tochoose a new Chairman in accordancewith Article 9.3 unless council decidesotherwise.

10.8 If all the Members of the Council resignsimultaneously Chairman or the vice

Chairman shall within a period of notmore than sixty (60) days hold a SpecialGeneral Convention to form the Counciland the said General Convention mustdetermine the duration of the said newlyformed Council.

10.9 Post of the Chairman and the Vice

Chairman can be discharged or theCouncil can be dissolved by the votes ofnot less than two thirds (2/3) of theCouncil members and a temporaryreplacement shall be decided by thecouncil.

10.10 Council shall convene its physical meeting

at least twice a year or:-


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10.10.1 At any time required by theChairman and vice chairman;

10.10.2 On the written request of two third(2/3) of the Members of theCouncil.

ARTICLE 11 THE OFFICE OF SECRETARY GENERAL

The office of the Secretary General isresponsible for the smooth cooperation and

communication among the secretariats.Secretary General shall forward messages,proposals and request of the secretariats tothe Council. In other words SecretaryGeneral shall perform like a bridge betweenCouncil and secretariats. SG is directlyanswerable to the Chairman, vice chairmanand Council.

ARTICLE 12 LIAISONS BODYThe Liaisons Body can be formed by theCouncil for any branch with the purpose ofrunning smoothly of branch activities incompliance with the guidelines given by theCouncil and constitution.

12.1 The Liaisons Body shall consist of:-

12.1.1 Branch Chairman.

12.1.2 Branch vice Chairman.

12.1.3 The Secretary General.

12.1.4 Treasurer.

12.1.5 Information secretary.


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12.1.6 Branch Heads.

12.1.7 2 Council members ortwo representativesappointed by the Counciland approved by thechairman.

12.2 Liaisons Body shall be responsible to actas a channel of communication betweenthe branch and Council.

12.3 The Liaisons Body shall convene ameeting at least once in every two (2)months, or

12.3.1 At any time required by theBranch Chairman or

12.3.2 With the written request of onethird (2/3) of the number of itsmembers 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. Toform a branch is prerogative of the ERCsCouncil and it shall be approved by thechairman and vice chairman.

13.2 The Council is empowered to dissolved abranch after first referring the matters to

the branch committee.

13.3 Subject to ERCs Constitution and


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Convention Rules, the operations of Branch are to be based on the powersand decree of the Council.

13.4 Branch Members shall physically meet atleast once in every four months and notless than sixty (60) days before the dateof the General Convention. Flexibilitymay be given by the Council inextraordinary case.

ARTICLE 14 BRANCH COMMITTEE

14.1 The branch Committee shall consist ofbranch:-

14.1.1 Chairman.

14.1.2 Vice Chairman

14.1.3 Secretary General.

14.1.4 Treasurer.

14.1.5 Information secretary.

14.1.6 Two secretaries.

14.2 Branch Committee shall convene atleast once in every two (2) months or

14.2.1 At any other time required bythe branch Chairman andvice chairman.

14.2.2 On the written request of two


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third (2/3) of the branchMembers.

ARTICLE 15 DISCIPLINE

15.1 The Council is empowered to form theDisciplinary Board and determine itsrules, powers and imposing punishmentfor the breach of the constitution andany other offences and/or making anyharm to the organization, creatingdisunity, and/or exposing classifieddocuments and classified contentswithout prior approval of the Council.

15.2 Any council member, secretariat orhead of the branch who wants toparticipate in the activities of otherorganizations shall get prior written

approval of the Council. Council shallnot object to the participation in thelocally based organization.

15.3 A separate disciplinary board shall beformed by the Council which will beheaded by the Chairman or ViceChairman or both and at least two

council members shall be member ofthe board.

15.4 The Council can render its disciplinarypower to any Committee at the branchlevel.

15.5 Each organizational level shall report to

the Disciplinary Board of the activities ofany members who are found in the


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breach of the discipline, for furtheraction.

15.6 Any member who is not satisfied withthe action taken by the DisciplinaryBoard can appeal to the Council.

ARTICLE 16 THE YOUTH AND WOMEN WING

The Youth and Women Wing at all ERC levelscan be formed and the Council is empowered tomake the rules for them.

ARTICLE 17 ERCS LOGO

ERCs logo the property of the organization. Any member ornon-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 forthe betterment of Rohingyas both inside Myanmarand around the world in cooperation andcollaboration with other Rohingyas and nonRohingyas individuals and organizations.

17.2 The light blue color of the globe expresses thatERC will work peacefully for the peace andharmony.

17.3 Rohang ful (Rohingya national flower) surroundingglobe is symbol of Rohingya.

17.4 Round pinion depicts that the ERC will work to uniteall the Rohingya organizations and individuals to


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work on the common goal.

17.5 Two wings under the logo expresses that todayRohingyas are floating everywhere without anyforeseeable future.

17.6 Three English alphabets ERC in the logo are usedto explain that this logo solely belongs to TheEuropean Rohingya Council.

ARTICLE 18 UMNOS FLAG

ARTICLE 19 SOURCE OF FUNDS

19.1 ERCS funds are obtained from:-

19.1.1 Registration and monthly Fees.

19.1.2 Both the registration and monthly

fees shall be determined by theGeneral Convention.

19.1.3 Donations and personalcontributions by the members andnon-members, individuals,government and non-governmentorganizations.

19.2 ERCs Financial Year is from t h e 1stof January to 31st December of thecalendar year.

ARTICLE 20 ERCS FEES

20.1 Every ERC member shall pay monthlymembership fees as decided by the


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General Convention.

20.2 Fees which have been determined by

the General Convention shall bepaid not later than the datedetermined.

20.3 Members can pay membership feesannually if they wish.

ARTICLE 21 HOW TO DEPOSIT AND USE ERCS FUNDS

21.1 ERCs funds, cash in hand shall bedeposited in the bank account inNetherlands. Branch committee candetermine themselves where Branchsfunds can be deposited unlessotherwise is determined by the ERCsCouncil.

21.2 Any withdrawal of the funds shall bedecided by the council and approved bythe chairman or vice chairman.

21.3 The Council has the right and isempowered over all funds and property,assets of the ERC at all levels.

ARTICLE 22 CONVENTION RULES

22.1 The Council is empowered to makeGeneral Convention Rules which isapproved by the Registrar of Societieswhere organization is registered(Netherlands).

22.2 The General Convention Rules shall be


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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 canbe amended or dissolved with anagreed decree of not less than twothirds (2/3) of members who areeligible to attend at the SpecialGeneral Convention or Convention andmust be submitted to the Registrar of

Societies within a period of twentyeight (28) days from the date of theamended Constitution has beenapproved.

ARTICLE 24 APPROVAL OF CONSTITUTION

This Constitution is effective from the date

it is approved by the registrar office whereorganization is registered but every act orwork done earlier by ERC before thisConstitution is approved is valid eventhough the acts and works is not suitable oris not in accordance with the requirementsof this Constitution.

ARTICLE 25 INTERPRETATION OF CONSTITUTION

In the event of conflicting interpretation ofthis Constitution or the rules governing theconduct of General Convention madehereunder, the interpretation given by theCouncil shall be final.

Signatories.


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1. Khariul Amin

2. U Hla Tin

3. Zakaria Abdul Rahim

4. Mohammad Hussein Abdullah5. Abul Kalam

6. Habib Pitar Abdul Gaffar

7. Shabir

8. Mohamed Ibrahim

9. Mohammed Rafique

the european rohingya council constituiton (erc)

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