CONSTITUTION OF THE ASIAN FEDERATION
AGAINST INVOLUNTARY DISAPPEARANCES (AFAD)
PREAMBLE
We, the Asian organizations of families, relatives and friends of victims of
involuntary disappearances, form ourselves into a federation of human rights
organizations and human rights advocates known as the Asian Federation Against
Involuntary Disappearances or AFAD.
We dedicate ourselves to the promotion, protection and defense of human rights
principally of victims of involuntary disappearances in Asia and of their
families and relatives and do hereby promulgate this Constitution.
ARTICLE I
NATURE AND SCOPE OF THE FEDERATION
Section 1 – The Asian Federation Against Involuntary Disappearances is a
federation of Asian human rights organizations and invited advocates working
directly on the issue of disappearances. The federation acknowledges the
practice of involuntary disappearance is directed against the political
opponents of the States and those who uphold and defend the socio-economic,
cultural as well as civil and political rights of peoples. The federation is
independent and non-profit.
Section 2- The federation shall be Asia-wide.
ARTICLE 11
PRINCIPLES
Section 1. We uphold and believe in the Universal Declaration of Human Rights,
especially in the right to life, dignity and self-determination regardless of
age, gender, race, beliefs, creed and culture. Moreover, we uphold the
International Covenant on Civil and Political Rights (ICCPR); the
International Covenant on Economic, Social and Cultural Rights (ICESCR); the
United Nations Declaration on the Protection of All Persons From Enforced or
Involuntary Disappearances (UNDPAPFEID), the United Nations Convention for the
Protection of All Persons from Enforced Disappearances and the Convention
Against Torture and Other Cruel, Inhuman and Degrading Treatment and
Punishment. In the pursuit of our objectives, we are guided and motivated by
the principles of truth, justice, reconstruction of historical memory, freedom
and democracy, international solidarity.
ARTICLE III
OBJECTIVES
Section 1. We commit ourselves to achieve the following objectives:
1. Promote and forge international solidarity among organizations of the
families of the disappeared in Asia and with similar formations in other
continents;
2. Provide assistance to member-organizations in ensuring a stronger response
to the phenomena of enforced disappearances;
3. Conduct campaign and lobby work in addressing the issue of enforced
disappearances in Asia, thus ensuring the attainment of truth, justice,
redress and the reconstruction of the collective memory
of the disappeared;
4. Strengthen the capacity of the federation and its member-organizations
through various forms of empowerment and capacity building activities.
ARTICLE IV
DEFINITION OF INVOLUNTARY DISAPPEARANCE
Section 1. In accordance with the United Nations Convention for the Protection
of All Persons from Enforced Disappearance, AFAD defines enforced or
involuntary disappearance as follows:
Enforced disappearance is considered to be the
arrest, detention, abduction or any other form of deprivation of liberty
committed by agents of the State or by persons or groups of persons acting
with the authorization, support or acquiescence of the State, followed by the
refusal to acknowledge the deprivation of liberty or by concealment of the
fate or whereabouts of the disappeared person, which place such a person
outside the protection of the law.
ARTICLE V
MEMBERSHIP
Section 1. AFAD shall have for its membership the organizations of families,
relatives and friends of victims of the involuntary disappeared persons in
Asia, the surfaced disappeared and the advocates and defenders of the rights
of the victims and their families.
Section 2. Membership shall be open to any organization which qualifies under
the preceding section and which adheres to the principles and objectives under
Article ll and lll thereof.
Section 3 – There can be more than one member in one country to ensure the
federation’s wide reach and in recognition that all families of the
disappeared should have equal opportunities to avail of the benefits of the
work of AFAD.
Section 4 – The AFAD Congress and the AFAD Council may invite individual human
rights advocates who have been proven to have been working for the cause of
the disappeared. The invitation would be based on a recommendation of any
member of the AFAD Council and Secretariat or any delegate/participant of the
AFAD Congress. If accepted, these members can be invited in all activities of
the federation but without voting power.
ARTICLE VI
ORGANIZATIONAL SET-UP
Section 1. AFAD is a regional federation that shall be composed of the
Congress, the Council, the Secretariat and the General Membership, including
individual members.
Section 2. The Congress shall be the highest policy-making body of the
federation. It shall be composed of the officers and two delegates elected or
appointed by each member-organization. Individual members can attend the AFAD
Congress and can participate fully during discussions, but do not have voting
power.
Section 3. In between Congresses, the Council shall be the highest
policy-making body of the federation. It shall be composed of one
representative nominated by each member-organization and the three officers of
the federation: the Chairperson, the Secretary General and the Treasurer. They
shall meet as the need arises.
Section 4. The Council members shall be elected by their own
member-organizations with the approval of the Congress or the Council as the
case may be. In no case shall more than one officer come from one country.
Section 5. The Executive Council shall be composed of the Chairperson,
Secretary-General and the Treasurer. It may meet as the need arises In between
Council meetings to execute the policies of the Council.
Section 6. The Secretariat shall be entrusted with the facilitation of the
day-to-day implementation of the general program drawn up by the Congress. It
shall be composed of the Secretary-General and the staff hired in consultation
with the Council and the Executive Council.
ARTICLE VII
AMENDMENTS
Section 1 – This Constitution or any provision thereof may be adopted,
amended, modified or repealed by a vote of at least two-thirds of the voting
members in a duly constituted quorum of the Congress
ARTICLE VIII
EFFECTIVITY
Section 1 – This Constitution shall take effect upon ratification by the
Congress.
Ratified by the Delegates to the Fourth AFAD Congress held on 31 May to 5 June
2010 in Bogor, Indonesia