By Law of Cambodia Indigenous Peoples Organization

Statute of Cambodia Indigenous Peoples Organization 

Preamble

Indigenous peoples in Cambodia have been living as a community in their own homeland for generations. A few decades ago, our indigenous communities have never had conflict over land and natural resources with each other. They have been living peacefully as a community with their unique tradition and culture. The economic development in Cambodia and in the world has been making our indigenous communities very vulnerable in their own homeland. Currently losing ownership of land,

forest and natural resources has cause dindigenous people living a great concern. The next generations need land, natural resources and indigenous identity. The identity is life of indigenous communities and it is a means of protecting land, forest and natural resources in their community. If there is no land, forest and natural resources, it means that there is nothing for livelihood of indigenous people and their next generations. Traditional knowledge and lifestyle have helped conserve the land, forest and natural resources for the next generation till the last few years. Responding to the great concern of the future of the indigenous peoples and their children, and especially poverty trap and self-determination for indigenous families and communities as a whole, the founding members have established an organization called “Cambodia Indigenous Peoples Organization”.

Chapter 1

Name, Address, Identity, Logo and Stamp

Article 1: This organization is called “Cambodia Indigenous Peoples Organization (CIPO)”.

Article 2: Cambodia Indigenous Peoples Organization (CIPO) has its head office in Phnom Penh, and it can be relocatedor has branch office in provinces if there is support from 2/3 of the management committee.

Article 3: CIPO is neutral, not for profit, not discriminatory, not religious and not political. CIPO serves only the benefits of society and public, and it has special focus on works related to indigenous community.

Article 4: Logo of CIPO features a Bunong’s and Kroeung’s traditional house within community land with various crops and natural forest which have been protected and respected loyally.

CIPO’s stamp features two-layered circle with 34 mm in diameter. The first half upper part of the circle contains script of the organization’s name in Khmer, while lower part contains script of the organization’s name in English. There are star-

shaped flowers between the scripts and there are a symbol of the organization and abbreviation “C. I. P. O.” with blue ink.

Chapter 2

Goal and Mission

Article 5: The goal of CIPO is to improve the livelihood, welfare, society, culture and tradition of the indigenous communities in Kingdom of Cambodia to be a sustainable and permanent indigenous community. To achieve its goal, CIPO has the following missions:

1. Improve knowledge, capacity and skills of the indigenous peoples related to tradition, land and rights protected by national laws, international laws, policies and other legal documents.

2. Research and compile documents related to identity and unique tradition of the indigenous peoples.

3. Establish indigenous community to ensure their individual and collective rights over land and natural resources in line with national laws, international laws, policies and other legal documents.

4. Promote the indigenous peoples in Cambodia to the public and international communities.

5. Provide indigenous communities with services and legal assistance individually and collectively.

Chapter 3

Membership and Loss of Membership

Article6: There are three member categories of CIPO:

Founding Members:

- are those who contribute in terms of energy and finance in creation of CIPO at the early stage;

- are those who are proposed to be members of the Board of Directors and Senior Indigenous Boardat the earliest stage;

- are those who draft and adopt the first statute of CIPO;

Permanent Members:

- are those who become members /staff of CIPO and agree to actively participate in CIPO’s activities based on actual conditions;

Honorable Members:

- are those who contribute in terms of material, finance,or opinion that prospersCIPO.

Article 7: Criteria for loss of membership from CIPO include:

 Death;

 Expiration of employment contract;

 Submission of written resignation letter to the executive director within15days before the date of resignation;

 Failing to obey and follow this statute, internal rule, and decisions of the organization, and is dismissed by the vote of 50% + 1 of the total members of the Managing Board of the organization;

 Conviction of a crime with final judgment or verdict of a court of law of the Kingdom of Cambodia;

 Having mental disability with certification from any officially recognized hospital in the Kingdom of Cambodia.

Article8: Decision to recruit substitutes to replace those who lost membership as prescribed in article 7 is under competence of the ManagementBoard.

Chapter4

Organizational Structure

Article 9: CIPO has organizational structures as follows:

 Board of Directors/ Senior Indigenous Board;

 Management Board comprises of the executive director, program manager, financial officer, administrative officer and the head of each division;

 Members/Staff

Chapter 5

Board of Directors

Article 10: Board of Directors is the supreme institution of CIPO, comprising of at least 03 and no more than 05 board members that have a mandate of 03 years. For the first mandate, the Board of Directors is selected through the request of the founding members of the organization who fulfill the criteria stipulated in article 12 of this

statute. For the later mandates, the Board of Directors shall be re-elected through consultation and discussion between the incumbent Board of Directors, members of Senior Indigenous Board, and the members of the Management Board, with the approval votes of 50% + 1.

Article 11: Roles and duties of the Board of Directors are as follows:

 They provide policy advices on major policies to ensure that the implementation is in accordance with the vision and mission of the organization;

 work voluntarily without pay;

 approve the policies, finance, human resources, and the internal rules of CIPO;

 organize organizational structure of CIPO;

 participate in consultation and making decision in restructuring or dissolution of CIPO by consulting with the Management Board;

 support and liaise with donors in seeking fund to support activities of CIPO;

 play role as arbitrator in resolving major internal disputes within CIPO that are beyond the competence of the Managing Board;

 elect, nominate, punish, and remove the executive director;

 is entitled to receive, and review activity reports, financial reports, and other reports or minutes of CIPO.

Article 12: criteria for membership of the Board of Directors are as follows:

 He/she is honorable and moral in decent living, and has a spirit of team work;

 has strong commitment and devoteshis/her time forsocial contribution, human rights and rule of law;

 has perseverance, integrity and honesty;

 has never committed any crime or used to get involved with corruption;

 is impartial and has no cronyism;

 loves and respects the principles of human rights strongly, especially the rights of the indigenous people;

 has atechnical profession /skill such as economics, law, social, economic, accounting…etc.

Article 13: Functioning of the Board of Directors includes:

 Conducting at least three (03) ordinary meetings per year to review the work result of the period (Passing year) and to seek agreement on the strategic plan for the next period (coming year);

 The Chairperson of the Board of Directorsis the person who calls fora meeting, coordinates, and assignssomeone to take note of the agenda of the meeting. In case the chairperson is absent, another member of the Board of Directors shall

chair the meeting. The invitation for every meeting shall be informed at least 5 to 7 days in advance via electronic mail or telephone;

 Themeeting cannot be conducted unless it meets a quorum of 50% or more. In case there is still a lack of quorum in the second consecutive meetings, the chair person and members of the Board of Directors are entitled to conduct the meeting as necessary;

 In case of necessity, members of the Board of Directors may attend the meeting via telephone or electronic system, or delegating his/her right to a board member who attends the meeting;

 The meeting could be opened for other staff who want to attend or upon request of the executive director.

 Ordinary meetings shall be organized when necessary or upon request of the executive director;

 Each decision during themeeting is valid only if it has approving votes of 50% + 1.

Chapter 6

Management Board

Article 14: The Management Board comprises the executive director, program manager, financial officer, administration officer and the head of each division.

Article 15: The Management Board has roles and duties as follows:

 They areaccountable to Senior Indigenous Board and the Board of Directors;

 recruit, nominate,punish, and terminate employment contract of each personnel or advisors;

 assist the Board of Directors in their work, including reporting and drafting proposals before submitting to Board of Directors for approval;

 make decision to propose budget proposals to donors;

 liaisewith donors as necessary;

 manage overall internal affairs off CIPO;

 ensure operation of projects/program and implementation of CIPO’s policies;

 draft financial, administrative and human resources policies,then submit them to the Board of Directors for approval;

 resolve general affairs of CIPO before forwarding to the Board of Directors or Senior Indigenous Board;

 ensure transparent and responsible implementation of projects and financing as well as other affairs as determined by the Board of Directors and Senior Indigenous Board;

 conduct monthly meeting regularly or as necessary when there is a request from the executive director or his/her delegate;

 a meeting of the Management Board is valid only if 2/3 or more of total members of the Management Board are present, and the decision is valid only if it has approval votes of 50% + 1 or more.

Article 16: Key roles and duties of the executive director are as follows:

 He/she is accountable to Senior Indigenous Board and Board of Directors;

 oversees general affairs and is overall responsible for all tasks of CIPO;

 signs on documents and contracts of CIPO;

 calls for and organizes meetings;

 represents CIPO in external communication including work-related communications and meetings;

 strengthens the capacity of CIPO’s staff;

 leads and facilitates in planning;

 oversees the implementation of programs and project work plans;

 in case of absence; he/she shall delegate his/her rights in writing to another member of Management Board;

 makes decision in recruiting, moving, extending, or terminate all employment contracts of all staffby consulting with theManagement Board;

 Raises fund, material and technical supports to implement projects and to function CIPO.

Article 17: Roles and duties of a project manager are as follows:

 He/she is responsible for preparing and developing project strategies of CIPO;

 prepares and develops action plans for all project/program activities for implementation;

 preparesbudget plansand expenditure plans of all projects;

 is responsible for managing all expenditure of local communities;

 participates in an initiative to develop a project proposal for funding;

 conducts data entry into computer;

 supervises, monitors and evaluates projects and staff;

 liaises with donors and relevant stakeholders;

 prepares weekly, monthly, trimester and annual project activity reports as necessary;

 Regularly reports to the executive director about all accomplished activities and project results.

Article 18: Roles and duties of an administrative officer are as follows:

 He/she is responsible for managing administrative work and documents of CIPO;

 acts as an assistant to the executive director and program manager;

 takes note during the meeting and records all decisions made during the meetings;

 prepares monthly, quarterly, trimester, and annual reports of CIPO;

 prepares invitations and dispatches representative to communicate with local authorities and relevant stakeholders;

 organizes events of CIPO.

Article 19: Roles and duties of a financial officer (treasurer) are:

 He/she manages account (budget) of CIPO in accordance with decisions of the Management Board and Board of Directors;

 prepares and oversees income and expenditure ledgers;

 deposits and withdrawscash from banks as approved by the executive director with his/her signature, prepares balance sheets, income statements, bank account report with vouchers and other related document monthly, trimester, semester and annually, and submits them to the Management Board for review and approval. All financial report shall be co-signed by the treasurer and the executive director of CIPO;

 maintains cash safely;

 acts as an assistance to the executive director in preparing budget plans;

 liaises with donors and other relevant stakeholders,

 jointly develops a proposal for funding with the executive director;

 Cooperates with external auditors when there areauditing mission with executive director of CIPO.

Chapter 7

Indigenous Community Committee

Article 20: Indigenous community committee:

 refers to representation of elderly people or community who connects between indigenous community work with CIPO in order to build a good relation with communities and to better strengthen solidarity;

 they provide advice on traditions, customs and other affairs related to communities and participate in activities and programs of CIPO as necessary, such as studies/researches and dissemination.

Chapter 8

Fund and Fund Management

Article 21: The sources of funding for CIPO are gained from:

 contribution of staff and subsidies of CIPO as stipulated in the internal rules;

 service charges on sales of handicrafts and souvenirs of indigenous people;

 donation from local and international donors;

 donation in material or budget from national or international NGOs;

 donation from national, and international institutions.

Article 22: All income shall be kept in a recognized bank of the Kingdom of Cambodia, in name of CIPO; except anamount of cash necessary for expenditures that shall be kept in a safety boxcontrolled by the treasurer with an approval of the executive director or the Board of Directors depending on the amount of cash as determined by the financial principle.

Article 23: Budget of CIPO shall be spent on:

 administrative work;

 works that serve the causes of CIPO such as action plans, organizing seminars, trainings, study visits, missions of staff and Board of Directors, and other meetings;

 all expenditures of CIPO shall have actual vouchers with related documents, and signature of treasurer , executive director, and program manager.

Article 24: Annual budget plan of CIPO shall be prepared by all staff of CIPO, and then submitted to the Board of Directors for review and approval.

Article 25: The treasurer shall prepare monthly, trimester, semester and annual reports to submit to the executive director and the Managing Board for review, after that submit the annual report to the Board of Directors for review and approval.

Chapter 9

Conflict Resolution

Article 26: All internal conflicts of CIPO shall be resolved by the Management Board or Board of Directors or the executive director with the concerned officer according to the actual intensity of a conflict. In case of serious conflicts between the executive director and the Board of Directors, an impartial mediation body shall

be established by program manager and other staff of CIPO, in necessary case, there shall be support and involvement of funding donors.

Chapter 10

Dissolution of CIPO

Article 27: The decision to dissolve CIPO shall be made only if it is approved by a meeting of the Management Board, the Board of Directors, and 80% or more of the existing staff with approval vote of 50% + 1.

Article 28: The properties of CIPO shall be managed and maintained with standard, and there shall be a list of CIPO-owned properties and properties of donors.

Article 29: The CIPO-owned properties shall be under decision of Management Board, Board of Directors, and Indigenous Community Committee to clear legal debts, thenthe rest shall be handed over to NGOs or associations, or indigenous communities, or partner institutions that share similar vision, goal and objectives with CIPObased on agreement stated in the contracts with donors and partner institutions.

Chapter 11

Amendments of Statute

Article 30: An amendment to this statute shall be made by approval of the Board of Directors with approval vote 2/3 of attending members, upon the request of the ManagementBoard.

Chapter 12

Final Provisions

Article 31: The Statute of CIPO is the supreme legislation of CIPO.

Article 32: Principles, internal rules, and regulations of CIPO shall provide additional complements for implementation process of CIPO’s action plans.

Article 33: Any regulation of CIPO that contradicts to this statute shall be invalid.

Article 34: After CIPO is registered with the Ministry of Interior, the organization shall implement its activities in accordance with this statute. In case of violating this statute, the authorized authorities shall be entitled to take legal actions.

Article 35: This statute comes into effect from the date of signature.