STATUTES OF THE DISABILITY ACTION COUNCIL(DAC)

Part I - Preliminary

Article 1.
Purpose: To establish the Disability Action Council to provide a structure and mechanism which will ensure appropriate co-ordination, implementation, monitoring and evaluation of policies and programmes relating to the social, physical, cultural and economic development of disabled people in Cambodia.

Article 2.
"Chairperson" means the Chairperson of the Council appointed under Section 8 of these Statutes.

"Council" means the Disability Action Council established by Section 3 of these Statutes.

"Member" means a member of the Council.

"Secretariat" means the Secretariat referred to in Section 11 of these Statutes.

"Executive Director" means the Executive officer appointed under Section 13 of the Statutes.

Part II - Establishment

Article 3.
3.1. There is established the Disability Action Council in these Statutes referred to as "the Council" being a permanent body established by MSALVA, in a spirit of close collaboration with non-governmental organizations, to review, coordinate and advise on the activities of all agencies working for the well-being of people with disabilities;

3.2. The Council will act in a professional advisory capacity in relation to government and policy-makers on all issues affecting the well being of people with disabilities;

3.3. The Council will serve as a national focal point on disability matters to facilitate the continuous evolution of a comprehensive national approach to rehabilitation, equalisation of opportunities and prevention of disability;

3.4. The Council will include representation from concerned government agencies, non-governmental organizations and individuals committed to working with people disabilities, with special emphasis on adequate representation from representations of people with disabilities;

3.5. The Council shall be a body corporate with perpetual succession and a common seal.

Article 4. Goals of the council
The goals of the Council are:

4.1. To promote and encourage the development of policy recommendations including policy coordination, planning, monitoring of programmes, information utilization and dissemination, research and training.

4.2. To review and evaluate on a continuous basis the effectiveness of all existing policies, programmes and activities concerning disabled people.

4.3. To play a key role in the further development and implementation of a comprehensive national plan and program of action and in the development of national policy and legislation on disability and related issues, which will serve as the basis for a network of services that can benefit all disabled people within their communities.

4.4. To maintain commitment of the Guiding Principle which are at the foundation of the national plan on disability issues.

4.5. To encourage and facilitate national and international exchanges of experience on disability issues.

4.6. To advocate for, and participate in, the allocation of resources to improve the living conditions of disabled people.

4.7. To encourage the creation and strengthening of organizations of disabled people.

4.8. To promote the participation of disabled people in all activities and to strive to remove the inequalities and obstacles they face, through awareness-raising activities and advocacy.

4.9. To encourage and facilitate the systematic gathering of information on the situation and needs of disable people.

4.10. To encourage and ensure commitment and conformity to the Plan of Action of the Asia and Pacific Decade of Disabled People.

4.11. To forge links with decision-makers in all relevant sectors and at all levels, in order to promote effective coordination of policies, programmes and activities concerning people with disabilities.

4.12. To re-evaluate on regular basis, the DAC's structure and function in order to ensure its continued relevance and effectiveness.

4.13. To ensure the efficient and effective operation of the DAC through the recruitment, orientation and management of a permanent secretariat, through fundraising for its costs; through the commitment of its members; and through the creation of working groups as relevant.

4.14. Through the representation of its members to maintain accountability to, and the free flow of information with, MSALVA and the non-governmental sub-sectoral committees.

Article 5. Function of the council
5.For the attainment of its goals under section 4 the Council shall have the following functions-:

5.a. to advise on policy and programmes regarding the development and support of services with and for disabled people;

5.b. to ensure proper planning and co-ordinator of all disability-related programmes within the broad guidelines of the Programme of Action;

5.c. to regularly review and identify obstacles to the implementation of the Programme of Action and to advise on feasible solutions to overcome them;

5.d. to mobilize resources for activities under the Programme of Action and to advise on the utilization of available resources;

5.e. to advise on programmes and budgets for the implementation of the Programme of Action;

5.f. to act as a clearing house for information and data on the situation of disable people and activities designed to benefit the disabled in Cambodia;

5.g. to disseminate research and development findings on the needs and problems of the disabled through seminar, workshops, publications and other means of communication;

5.h. to work in close co-operation with and to co-ordinate the activities of persons, institutions, sectors and organizations involved in activities relating to disability;

5.i. to implement programmes consistent with the mandate of the Council.

Additional responsibilities of the Council

Article 6. Responsiblity of the Council
6. The Council may, for the purpose of carrying out its functions under the statutes-

6.a. solicit and acquire money and other resources from Government, donors and sponsors for use in the performance of its functions;

6.b. sponsor, promote and encourage activities undertaken by institutions, organizations and individuals for the promotion and development of programmes and projects designed to improve the well-being of disabled people and their families;

6.c. establish Specialized Committees and Technical Committees and co-opt such number of members as may be required to carry out technical and specialized functions of the;

6.d. carry out or commission studies on issues relating to disability;

6.e. sponsor or support conferences, seminars, exhibitions, workshop or other meeting relating to disability;

6.f. establish and maintain relationships with national and international organizations and agencies concerned with the situation of the disabled.

Part III - Composition and Tenure of Members of the Council

Article 7. Council members
7.1. The Council shall consist of not less than 9 and not more than 11 members for a period of three years.

7.1.a. three (3) representations from the Ministry of Social Affairs, Labour and Veteran Affairs (MSALVA).

7.1.b. three (3) representatives who are persons with disabilities from indigenous non-governmental organizations which are involved in activities relating to disability and which are registered with MSALVA.

7.1.c. three (3) representatives of international non-governmental organizations which are involved in activities relating to disability and which are registered with MSALVA.

7.1.d. two (2) representatives from other related Ministries; the Ministry of Health and the Ministry of Education, Youth and Sports.

Article 8. Responsiblity
8.1. The Chairperson will be a Senior Official of the Ministry of Social Affairs, Labour and Veteran Affairs not below the rank of Under-Secretary of State;

8.1.a. The Chairperson will be one of the MSALVA members nominated under section 7;

8.1.b. The Chairperson shall hold office for three years and shall be eligible for re-appointment;

8.1.c. The Chairperson may resign his/her office as Chairperson by notice in writing addressed to the Minister/Secretary of State of MSALVA;

8.2. A Deputy Chairperson will be appointed

8.2.a. The Deputy Chairperson will be appointed by the Chairperson.

Part IV - Sub-Committees of the Council:

Article 9: Specialized Committees
9.1. The Council shall appoint Specialized and Technical Committees for the efficient performance of its functions under these Statutes and to enable the Council to efficiently fulfill its mandate.

9.2. Every Specialized Committees under this section shall consist of not less than seven and not more than fourteen members including a Chairperson;

9.3. Every Specialized Committee shall elect a secretary from among the members to document minutes and forward to the Council.

Article 10. Technical Committees
10.1. Technical Committees will be formed based on the existing committees of the Rehabilitation Sectoral Group and others as necessary.

10.2. The membership of the Technical Committees to be composed of representatives of organizations and ministry personnel working in the specific technical sector. Ad-hoc members can be co-opted as necessary.

Article 11. Function of the Sub-Committees
11.1. The function of each Specialized Committee is to recommend and report to and advise the Council on matters outlined in the specific terms of reference for each Specialized Committee.

11.2. Technical Committees will provide on-going technical expertise and guidance to the Council through the Secretariat.

11.3. The Council may delegate any of its functions to a Specialized or Technical Committee subject to any limitation imposed by the Council.

Article 12. Functions of the Secretariat
12.1. The functions of the Secretariat shall include the following:

12.1.a. to prepare a Programme of Action based on the document "A National Strategy of MSALVA and NGO's of the Rehabilitation Sector on Disability issues and the Rehabilitation and Integration of disabled people in Cambodia, October 1996;

12.1.b. to establish and advise on development priorities and targets and the selection of projects based on the recommendations included in the above document in collaboration with Sub-Committees;

12.1.c. to review and advise on policies and strategies relating to disabled people in collaboration with Sub-Committees;

12.1.d. to liaise with ministries, institutions, non-governmental organizations and donor agencies concerned with disability with a review to co-ordinating activities and providing technical guidance and direction as necessary;

12.1.e. to carry out such other functions within the objectives and functions of the Council as may be necessary or expedient for the proper implementation of the provisions of these statutes as the Council may direct.

12.2. The carrying out of the functions of the Secretariat shall be subject to the directions of the Council on matters of policy and shall be deemed to be done on behalf of the Council.

Article 13. Executive Director
13.1. The Council shall have an officer to be designed the Executive Director.

13.2. The Executive Director shall be the Chief Executive Officer of the Council and Head of the Secretariat.

13.3. The Executive Director shall be appointed by the Council and shall hold office upon such terms and conditions of employment as may be specified in the instrument of employment.

13.4. The Executive Director shall be a person who has substantial experience in, and knowledge of, matters relating to disability, with proven experience in executive management.

13.5. The Council may remove the Executive Director from office for-:

13.5.a. inability to perform the functions of the office on the ground of infirmity of body or mind or any other sufficient cause; or

13.5.b. misbehavior

13.6. Where the Executive Director is temporarily incapacitated by illness or any other cause from the performance of his/her functions or where the office of Executive Director is vacant -- the Council will appoint a Senior employee of the Secretariat to act in that capacity.

13.7. The Executive Director shall, unless the Council in any particular case otherwise directs on ground stated by it in writing be entitled to attend all meetings of the Council but shall not have the right to vote on any matter to be decided by the Council at any meetings.

Article 14. Employment
14.1. The Council may appoint other such employees as may be necessary for the proper and efficient discharge of the functions of the Council and the Secretariat under these Statutes.

14.2. The employees of the Council appointed under this section shall hold office under contract and shall be appointed by merit.

14.3. The Council may, subject to conditions and restrictions, imposed by it, delegate to the Chairperson, a member of the Council or the Executive Director any of its powers to appoint or remove any employee under this section.

14.4. Public Officers (civil servants) may be seconded to the services of the Council on such terms and conditions as may be agreed upon between the Council and the employees of these public officers and shall be appointed on merit.

Article 15.
15.1. The Council may engage the services of advisors and consultants in respect of any functions of the Council in connection with which they are considered to have special competence.

15.2. Advisors and consultant engaged under this section may be paid such fees and allowances and may be afforded such facilities as the Council may determine.

Part VI - Finance:

Article 16.
16.1. The funds of the Council may consist of -:

16.1.a. grants, gifts and donations that may be received by the Council from any source within or outside Cambodia; and

16.1.b. any sum that may become payable to the Council in the discharge of its functions under the statutes;

16.1.c. grants from the Government.

16.2. All income and moneys of the Council shall be deposited to the credit of the Council in a bank approved by the Council and shall not be withdrawn except in a manner determined by the Council.

Article 17.
17. The financial year of the Council shall be, in respect of the first accounting period, the period starting from the commencement of these Statutes and ending on the 30th day of June the following year and in respect of subsequent accounting period, the period of twelve months ending on the 30th June.

Article 18.
18.1. The Council shall keep proper books of all its income and expenditure and proper records in relation to them.

18.2. The Council shall cause to be prepared in respect to each financial year, and not later than three months after the close of the financial year, a statement which shall include a report on the performance of the Council during the financial year and the statement shall comprise -:

18.1.a. a balance sheet, a statement of income and expenditure and a statement of assets and liabilities of the Council in respect of that financial year.

Article 19.
19.1. The accounts of the Council shall, in respect of each financial year, be audited by an accredited auditing firm as agreed upon by Council members.

19.2. The Council shall ensure that within four months after the close of each financial year, the statement of accounts described in section 20 is submitted for auditing.

19.3. The auditor appointed shall have access to all books of accounts, vouchers and others financial records of the Council.

19.4. The auditor shall, within two months after receipt of the Statement of accounts under Subsection (2) of this Section, audit the accounts and deliver to the Council a copy of the audited accounts together with a report on them.

Article 20.
20. Any funds of the Council not immediately required for any purpose under the statutes can be invested in such manner as the Council may determine in conformity with its mandate.

Part VII - Miscellaneous:

Article 21. Annual Report
21. Annual Report The Council shall, within 6 months after the end of each financial year, submit a report of the activities of the Council in respect of that financial year and the report shall include a record of performance of the Council during that financial year and its future plans.

Article 22.
22.1. The provision of the Schedule (By-Laws) to these Statutes shall apply in relation to the seal of the Council, meetings of the Council and to any other matter set out.

22.1.1. The common seal of the Council be such a device as the Council shall determine and shall be kept in the custody of the Executive Director.

22.1.2. The common seal of the Council shall not be fixed on any document except in accordance with Council directives.

22.2.1. A member shall hold office as member for three years

22.2.2. A person shall cease to be a member -:

22.2.2.a. in the case of a person representing a ministry, institution or department, upon his ceasing to hold office in the ministry, institution or department in respect of which he was appointed a member;

22.2.2.b. if he/she is removed by the recommendation of the Council through the Chairperson on the ground that he/she -:

22.2.2.b.i. has been absent from three consecutive meetings of the Council without permission;

22.2.2.b.ii. has been out of Cambodia for a continuous period of twelve months or more;

22.2.2.b.iii. is unable to perform the functions of the office by reason of infirmity of body or mind; or

22.2.2.b.iv. is otherwise unable or unfit to perform the functions of the office.

22.2.3. Where a person is removed from office under sub-paragraph 2 of this paragraph, the Council may appoint another person to be a member in his/her place.

22.2.3.1. The Council shall ordinarily meet for the discharge of business at least 3 times a year at such time and places as the Chairperson may determine.

22.2.3.2. The Chairperson may also summon a special meeting of the Council upon a request made in writing by not less than 4 members of the Council.

22.2.3.3. The Executive Director shall, where the Chairperson is absent, summon a meeting of the Council if not less than one-third of the Council request him/her to do so.

22.2.3.4. Half (50%) of members of the Council shall form a quorum at any meeting of the Council on decisions relating to Policy two thirds of the membership shall form a quorum.

22.2.3.5. The Chairperson shall preside at all meetings of the Council or in his absence the Deputy Chairperson shall preside. In the absence of the Chairperson and Deputy Chairperson a member elected by the members present from among their number shall preside.

22.2.3.6. A question proposed at any meeting of the Council shall be determined by a simple majority of the members present and voting and where there is an equally of votes, the person presiding at the meeting shall have a second or casting vote.

22.2.3.7. The Council may co-opt any person who is not a member to attend any of its members as an advisor and that person may speak at the meeting on any matter in relation to which his/her advice is sought but shall not have the rights to vote on any matter coming for decision before the meeting.

22.2.3.8. Except as otherwise expressly stated in these statutes, the Council may regulate its own procedures.

22.3. The validity of any proceedings of the Council shall not be affected by any vacancy among its members or by any defect in the appointment of any of them.

22.4.1. The Executive Director shall keep or cause to be kept the minutes of every meeting of the Council.

22.4.2. The minutes recorded under this section shall be submitted to the Council for confirmation at its next meeting following that to which the minutes related and when so confirmed shall be signed by the Chairperson or in the absence of the Chairperson, the Deputy Chairperson and the Executive Director in the presence of the other members.