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BYLAWS

 


 

Bylaws of the “Lima Agreement”, a Network of Latin American Civic Groupsą



Article 1. Incorporation, duration, nature and legal address

The Lima Agreement is a Network of Latin American and Caribbean Civic Groups established on September 15, 2000 in the city of Lima, Peru, by a group of civil society organizations committed to transparency, legitimacy, legality and equality of electoral processes and of public administration. It is an international, non-governmental, non-partisan, secular, pacifist and non-profit organization. Its mission, purpose and goals are aimed at strengthening democracy in the region.

The organization is established for an indefinite term and by common consent of all the founding members. The legal address of the Lima Agreement shall be that of the organization acting as the Executive Secretariat.

Article 2. Purpose

The Lima Agreement is a coordinating body of civic organizations with the following goals:
a. Promote citizen participation in public affairs, as a means to exercise constitutional and democratic rights.
b. Exchange successful experiences and methodologies with a view to strengthen democratic processes in the region.
c. Observe and monitor electoral processes through civil society based on the free and fair elections international standards.
d. Promote monitoring and lobbying on strategic issues to ensure democratic governance.
The organization will design programs and projects to achieve its goals

Article 3. Capital

The Lima Agreement’s capital is composed of its members’ contributions and of the resources it may obtain for program and project execution.

Article 4. Members of the Lima Agreement

Non-profit, non-partisan civil society organizations, dedicated to citizen participation, electoral observation and monitoring of government practices at all levels, and whose objectives are compatible to those of the Lima Agreement, may become members of the Lima Agreement.

Organizations wishing to incorporate themselves to the Lima Agreement must have been in operation for at least two years, have experience in electoral observation and submit -in writing to the Executive Secretariat - information including: their background, articles of association and their respective legal record, time of official existence, goals, ongoing programs and projects, a letter stating the reason for their incorporation, population they work with, members of their steering board and operational team, funding sources, and other documents requested by the Lima Agreement.

The incorporation of new members abiding by the requirements set forth herein lies in the hands of the General Assembly, by a simple majority.

Depending on their status, members can be:

a. Founding members. Civic organizations that participated in the Lima Agreement creation and incorporation process and appear in the founding charter. They have full voting rights and also have the right to veto new member incorporation requests. This veto must be duly supported.

b. Full members. Founding civic organizations as well as those organizations which - after requesting incorporation and acting as observers for one year - have complied with the necessary requirements and have been accepted by the Assembly to be fully incorporated into the Lima Agreement. These members have full voting rights.

c. Observing members. Civil society organizations of the region willing to be incorporated whose activities are related to the Lima Agreement. They become observing members upon request, after having complied with all requirements, and after the approval of at least two full members and acceptance of the General Assembly. They must maintain this status for at least one year. They have a voice but no voting rights. Once this term has elapsed, the observing members must express their willingness to remain in the Lima Agreement or may ask for (delete “their”) withdrawal. Should the member confirm its wish to be incorporated, the General Assembly shall decide on its incorporation as a full member.

d. Associate members. Organizations engaged in democracy issues that technically, financially and administratively support the operation of the Lima Agreement. They have voice but no voting rights in decision making. To become an associate member, the same process followed to become a full member shall be applied.


Article 5. Honorary members

At the request of one third of the members, the General Assembly may grant honorary member status to those people having especially contributed to the operation and goals of the Lima Agreement.

Article 6. Member rights and responsibilities

The members have the following rights and responsibilities:

e. Participate in the Lima Agreement meetings.
f. Become duly informed about and disseminate the activities of the Lima Agreement and/or its members, within the scope of activities of said Agreement.
g. Participate in the task forces that may be set up to perform the Lima Agreement’s activities.
h. Respond, in a timely manner, to the consultations made by the Executive Secretariat.
i. Send information to the Executive Secretariat regarding their activities and/or articles of interest so as to include them in the electronic newsletter, webpage and/or other publications.
j. Contribute to the fulfillment of goals.
k. Help sustain the Lima Agreement.

Article 7. Membership termination

Members of the Lima Agreement may be terminated due to the following reasons:

a. Request made by the member organization.
b. Disbanding of the member organization.
c. Deflection or change of the goals and objectives of the member organization from those of the Lima Agreement.
d. Change in the institution’s profile to one typical of a political, religious, or government party.
e. Expulsion from the organization due to an institutional conduct different from the goals and objectives of the Lima Agreement or whenever these are jeopardized.

Article 8. Breach

The following are considered to be serious breaches to the goals and principles of the Lima Agreement:

a. Conduction of, participation in, or explicit or implicit support to coups, affronts to the legitimacy of a democratically elected government, action against the legal order, including those committing terrorist attacks, violations against human rights, and alike.

b. Having submitted false documents for the incorporation into the Lima Agreement.

Membership termination shall be dealt with through the Assembly and shall require the majority of two thirds of the attending members. The affected member may present the case for its defense before voting takes place.

Article 9. General Assembly

It is the highest body of the Lima Agreement and is made up by (delete “the”) representatives of each full member.

Its duties are:

a. Set forth and propose the policies and activities that will be part of the work plan.

b. Approve the Lima Agreement’s work plan (programs and projects).

c. Explore funding sources for the projects to be developed by the Lima Agreement.

d. Appoint the member that will be in charge of the Executive Secretariat.

e. Modify the bylaws.

f. Agree upon member incorporation to or exclusion from the Lima Agreement.

g. Make statements with regard to queries posed by the members of the Lima Agreement.

h. Agree upon the dissolution of the Lima Agreement.


The General Assembly may rely on a Support Team to fully comply with its duties.

The General Assembly shall meet at least once every two years. The attending representatives of the member organizations shall be empowered to make decisions on all the subjects addressed. The representatives shall only postpone their decisions or votes whenever the topics are not part of the current session’s agenda. In this case, the member’s decision must be briefed to the Executive Secretariat within ten days after the session has taken place.

Any of the full members may submit proposals to the consideration of the Lima Agreement, by means of the Executive Secretariat, including when the Assembly is not in session. These proposals must be answered through the same means in which they were presented. In those cases where ten days have passed from the moment the consultation was submitted and no answer presented, the proposal shall be considered accepted.

The decisions of the General Assembly are made by simple majority of its full members, except for the provisions set forth in articles 8 and 12.

Article 10. Executive Secretariat

The full member appointed by the General Assembly as the Executive Secretariat for a two-year term must fulfill the following duties:

a. Coordinate and administer the activities and resources of the Lima Agreement.
b. Prepare a report on the activities of the Lima Agreement.
c. Summon all the meetings of the Lima Agreement.
d. Perform virtual queries on topics, decisions and/or participation of the Lima Agreement in different spaces.
e. Propose the work agenda for the Lima Agreement’s meetings.
f. Prepare and manage Lima Agreement’s projects before national and international bodies, in coordination with support or work teams.
g. Prepare an internal and external communication strategy to promote the objectives of the Lima Agreement.
h. Keep records of all members of the Lima Agreement.
i. Request to the interested parties and distribute among the members of the Lima Agreement information of those organizations wishing to incorporate into the Agreement.
j. Keep the Lima Agreement web site updated.
k. Request information from the members and distribute the electronic newsletter of the Lima Agreement.

Article 11. The Support Team

The Executive Secretariat shall be assisted by a support team made up by two full members who shall fulfill this role for two months. There will be a single, complete and unrepeated list of full members available that will be used for the renewal of this support team.

Article 12. Disbanding

The Lima Agreement shall be disbanded by the vote of two thirds of the full members to the Agreement.

July 12, 2004
 

[1]This text is the translation of the official bylaws authored in Spanish





 

 

 

 

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