Annex :
Res.27GA/2006/Org/dr01
AMENDMENT OF THE
STATUTES OF
THE ASEAN
INTER-PARLIAMENTARY ORGANIZATION (AIPO)
PREAMBLE
RECOGNIZING,
that the world's problems are growing larger in
scope and more complicated in nature, and desiring
to enhance friendship and mutual cooperation on
matters affecting Southeast Asia in order to promote
regional peace, stability and prosperity;
AWARE,
that more direct and active participation by the
peoples of the ASEAN countries is of great
importance in further promoting the aims of the
ASEAN Declaration of 8 August 1967 made at Bangkok,
Thailand, and in ensuring the continued success of
regional endeavors;
DETERMINED,
that more common efforts must be undertaken to give
concrete substance to our brotherhood and friendship
in meeting the challenges of developing our
societies in this modern age;
CONVINCED,
that the strength of ASEAN emanates from the roots
of our societies and that closer cooperation among
the respective legislatures would result in greater
participation by the peoples of ASEAN countries;
Taking into consideration the deliberations in the
First ASEAN Inter-Parliamentary Meeting in Jakarta,
Indonesia, from 8 - 11 January 1975, the Working
Committee Meeting at Tugu, Indonesia, from 12 - 15
May 1975, and the Second ASEAN Inter-Parliamentary
Conference in Kuala Lumpur, Malaysia, from 20 - 23
August 1975;
We, the Delegates of the
National Assembly of the Kingdom of Cambodia, the Dewan
Perwakilan Rakyat of the Republic of Indonesia, the
National Assembly of Lao People’s Democratic Republic,
the Dewan Negara and Dewan Rakyat Malaysia, the Congress
of the Philippines, the Parliament of Singapore, the
National Assembly of the Kingdom of Thailand, and the
National Assembly of the Socialist Republic of Vietnam.
DO HEREBY DECLARE
that an ASEAN
INTER-PARLIAMENTARY ORGANIZATION was established by
virtue of the signing of the Statutes of ASEAN
Inter-Parliamentary Organization (AIPO) on 2 September
1977;
that there
is a need to transform the ASEAN Inter-Parliamentary
Organization (AIPO) into a more effective and closely
integrated institution that in this regard the ASEAN
Inter-Parliamentary Organization (AIPO) shall now be
called ASEAN Inter-Parliamentary Assembly (AIPA), and
the following amended Statutes be effected;
THE STATUTES OF THE
ASEAN
INTER-PARLIAMENTARY ASSEMBLY
CHAPTER I
NAME
Article 1
This Assembly shall be
called the ASEAN Inter-Parliamentary Assembly (AIPA).
CHAPTER II
AIMS AND PURPOSES
Article 2
The
aims and purposes of AIPA shall be :
1)
to promote solidarity, understanding, cooperation
and close relations among Parliaments of ASEAN member
countries, AIPA Special Observers, Observers and other
parliamentary organizations;
2)
to facilitate the achievement of the goals of the
ASEAN as constituted in the ASEAN Declaration of August
1967 made at Bangkok, Thailand as well as the the ASEAN
Vision 2020 taking into account Bali Concord II 2003
leading to the realization of an ASEAN Community based
on three (3) pillars: ASEAN Security Community (ASC),
ASEAN Economic Community (AEC) and ASEAN Socio-Cultural
Community (ASCC);
3)
to establish and maintain exchange and
dissemination of information as well as coordination,
interaction, and consultations with ASEAN to offer
parliamentary contributions to ASEAN integration and
familiarizing the peoples of Southeast Asia with
policies aimed at accelerating the realization of an
ASEAN community;
4)
to study, discuss and suggest solutions to
problems of common interest and express its views on
such issues with the aim of bringing about action and
timely response by the members of AIPA;
5) to keep all AIPA
member Parliaments informed of steps taken and progress
achieved by each Parliament in realization of the aims
and purposes of AIPA.
6) to promote the
principles of human rights, democracy, peace, security
and prosperity in ASEAN;
CHAPTER III
MEMBERSHIP
Article 3
AIPA membership shall be
open to the National Parliaments of the ASEAN member
countries.
Article 4
The words "National
Parliament" shall mean for Cambodia Rathasaphea
(National Assembly) and Prithasaphea (Senate); for
Indonesia the Dewan Perwakilan Rakyat (House of
Representatives), for Laos the Sapha Hengsat (National
Assembly), for Malaysia the Dewan Negara (Senate), Dewan
Rakyat (House of Representatives), for the Philippines
the Congress, for Singapore the Parliament, for Thailand
the Rathasapha (National Assembly) and for Vietnam the
Quoc Hoi (National Assembly) or any other national body
performing legislative functions.
CHAPTER IV
STRUCTURE
Article 5
AIPA shall consist of the
General Assembly, the Presidency, the Executive
Committee, the Committees and the Secretariat.
GENERAL ASSEMBLY
Article 6
1)
There shall be a General Assembly of AIPA
consisting of delegations from each member Parliament
comprising not more than fifteen (15) members, headed by
the Speaker or his representative. At least three (3) of
the members shall be women parliamentarians.
2)
The General Assembly shall be the policy-making
body of the AIPA and shall meet at least once a year,
unless otherwise decided by the Executive Committee.
3)
The venue of the General Assembly shall be
rotated among the Member Parliaments in alphabetical
order, unless otherwise decided by the General Assembly.
In the event that the host country is unable to host the
General Assembly, the Executive Committee shall decide
on the venue.
4)
To ensure continuity, the national parliaments
wherever possible shall strive to nominate at least five
members of the national parliaments to participate in
two General Assemblies consecutively.
5)
The General Assembly may invite special observers
and guests to attend its annual meetings.
Article 7
1)
The General Assembly may adopt policy initiatives
and provide inputs to policy formulation and propose
legislative initiatives on issues of common concern for
recommendation to the respective Governments of ASEAN
countries for their consideration.
2)
Resolutions approved by the General Assembly
shall be disseminated by each AIPA National Secretariat
to their respective Parliaments and Governments to
stimulate their implementation.
3)
All AIPA National Secretariats should inform the
AIPA Secretariat of any action taken by their respective
Parliaments and Governments on resolutions approved and
policy and legislative initiatives adopted by the
General Assembly. Such information shall be included in
the AIPA Secretariat’s Annual Report to the General
Assembly.
4)
Discussions in the General Assembly may be held
on subjects placed on the agenda by the Executive
Committee. Other motions and proposals may be discussed
if the General Assembly unanimously decides to take them
into consideration.
5)
Decisions by the General Assembly on any subjects
shall be made by consensus. Matters on which consensus
cannot be attained shall be dropped.
6)
Records of proceedings of the General
Assembly, together with all official documents
pertaining to it, shall be kept in the AIPA Secretariat.
THE PRESIDENCY
Article 8
1)
The Presiding Officer of the National Parliament
of the country in which the General Assembly is to be
held shall be the President of the AIPA and the
President of the General Assembly. The heads of
delegations of other National Parliaments shall sit as
Vice-Presidents. In the event that the President of the
AIPA is unable to preside at the General Assembly for
any reason whatsoever, one of the Vice-Presidents shall
preside over the Assembly.
2)
The term of office of the President of AIPA shall
commence immediately upon the conclusion of the current
General Assembly and shall continue until the conclusion
of the following General Assembly.
3)
The President of AIPA shall promote aims and
principles of AIPA and shall work with National
Parliaments in ASEAN countries to strengthen the
parliamentary institution and the roles of parliaments
in the affairs of ASEAN region.
4)
The President of AIPA, when invited, will attend
ASEAN Summit and is hereby authorized to invite the
Chairman of the ASEAN Standing Committee or their
representatives to attend the AIPA General Assembly and
other AIPA meetings. In the discharge of his function of
communicating with ASEAN, the President shall act
consistently with the policy directions of the General
Assembly and the Executive Committee.
5)
The President of AIPA shall be the Chairman of
the Executive Committee.
6)
The President of AIPA as Chairman of the
Executive Committee shall have the power to convene the
meeting at such place and time as he deems necessary.
EXECUTIVE COMMITTEE
Article 9
1)
There shall be an Executive Committee comprising
of not more than three (3) members from each Member
Parliament, one of whom shall be the Speaker of
parliament or his representative. All members of the
Executive Committee shall be members of their respective
National Parliament. For each meeting of the Executive
Committee, the members shall elect from among themselves
a Vice-Chairman.
2)
The Executive Committee may meet at least three
(3) months prior to the General Assembly to prepare the
program, agenda and other relevant matters pertaining to
the General Assembly.
3)
The Executive Committee shall meet upon request
of any Member Parliament to discuss and act on urgent
matters of common interests. Any decision adopted during
an emergency meeting of the Executive Committee shall be
submitted to the next General Assembly for ratification.
4)
The term of office of the Executive Committee
shall commence immediately upon the conclusion of the
General Assembly and shall continue until the conclusion
of the following General Assembly.
Article 10
The Executive Committee
shall have the following powers and functions:
1) To consider and
recommend membership in AIPA and the participation of
Special Observers, Observers and Guests;
2) To develop new
initiatives for AIPA activities;
3) To monitor the
implementation of resolutions approved by the General
Assembly;
4) To prepare the agenda
and program as proposed by Member Parliaments for the
approval of the General Assembly;
5) To propose the setting
up of standing, study, ad hoc committees or
sub-committees of a standing committee whenever
necessary;
6) To monitor and
supervise the AIPA Secretariat;
7) To recommend the
appointment of the staff of the Secretariat;
8) To formulate its own
rules of procedure.
THE COMMITTEES
Article 11
The General Assembly may
establish standing, study and ad-hoc committees or such
sub-committees of a standing committee on specific
matters to implement its decision consistent with the
aims and purposes of AIPA.
THE SECRETARIAT
Article 12
1) The Secretariat
is the administrative body of AIPA.
2) The AIPA
Secretariat shall be at the city where the ASEAN
Secretariat is located, unless the General Assembly
decides otherwise.
CHAPTER V
SECRETARY GENERAL
Article 13
1)
The Secretary General of AIPA shall be appointed
by the President of AIPA with the approval of the
General Assembly for a term of three (3) years on
rotational basis and in alphabetical order. In the
event a Member Parliament is unable to nominate a
candidate for the position of a Secretary General, the
vacancy will be offered to the Member Parliament next in
line.
2)
The Secretary General shall domicile in the
country where the Secretariat of AIPA is located.
3)
In the event of an unexpected vacancy during the
term of office of the Secretary General, the vacancy
will be filled by a person nominated from the Member
Parliament next in line for the position of the
Secretary General. In the event a Member Parliament is
unable to nominate a candidate for the position of a
Secretary General, the vacancy will be offered to the
Member Parliament next in line. The nomination shall be
made within one month of the vacancy arising and the
nominated person shall be appointed by the President of
AIPA to be ratified at the next General Assembly.
4)
The Secretary General shall be the head of the
AIPA Secretariat and shall have the following functions
and duties:
a.
be responsible to the President of AIPA.
b.
take charge of the Secretariat and be responsible
for the discharge of all functions and responsibilities
entrusted to him by the General Assembly, the Executive
Committee and AIPA committees.
c.
assist the President of AIPA in managing the work
of the Executive Committee and the General Assembly
d.
transmit all resolutions and decisions taken by
the General Assembly for noting or implementation to the
AIPA Member Parliaments.
e.
represent AIPA as an observer in international
parliamentary conferences.
f.
act as a channel of formal communication between
AIPA and ASEAN and other international and regional
organization, governments and parliaments.
g.
prepare the annual budget estimates of the
secretariat, annual reports including financial reports
and present the same for approval by the General
Assembly through the Executive Committee.
h.
manages the finances of AIPA, and to be
accountable for the usage of funds as approved by the
General Assembly.
i.
perform any other duties as directed by the
President of AIPA, the Executive Committee and the
General Assembly.
j.
Appoint the staff of the Secretariat of AIPA.
5)
In the discharge of his functions, the Secretary
General shall be guided by the Statutes of AIPA, the
relevant decisions of the General Assembly, the
Executive Committee and Committees of AIPA and all the
rules and procedures laid down by the General Assembly.
CHAPTER VI
NATIONAL
SECRETARIATS
Article 14
1) Member
Parliaments shall establish within their respective
Parliaments an AIPA National Secretariat or designate a
Representative.
2) All AIPA
National Secretariats or representatives of Member
Parliaments shall maintain regular contacts with the
Secretariat of AIPA. They shall submit an annual report
of their AIPA related parliamentary activities
particularly on the implementation of the resolutions of
the General Assembly at least two (2) months prior to
the next General Assembly.
CHAPTER VII
FINANCE
Article 15
1) It shall be the
duty of every Member Parliament to make financial
contributions to AIPA and the nature or amount of such
contributions shall be determined by the General
Assembly.
2) AIPA shall
have the power to accept donations which shall form part
of its funds.
3) The financial
rules and procedures as laid down by the General
Assembly shall be adhered to.
Article 16
1) The expenses for
hosting the General Assembly and Executive Committee
meetings of AIPA incurred in the host country shall be
borne by the host country. Expenses for meetings of
AIPA Standing, Study/Ad Hoc Committees and sub
committees of the standing committees and expert’s
research for AIPA shall be partly shouldered by the host
country and partly charged to the AIPA operating surplus
fund with the approval of the General Assembly.
2) The costs of the
attendance of the President of AIPA to the ASEAN Summits
shall be charged to the AIPA regular fund.
CHAPTER VIII
PARTNERSHIP WITH ASEAN
Article 17
1) AIPA shall
establish regular communication, interaction and
consultation with ASEAN to ensure better coherence and
cooperation between the ASEAN governments, the National
Parliaments of ASEAN countries, and stakeholders in
ASEAN, as well as to enhance relationship with ASEAN
bodies.
2) The President of
AIPA and the Secretary General shall represent AIPA
consistent with the policy directions of the General
Assembly when conducting relations and activities with
ASEAN.
CHAPTER IX
WORKING LANGUAGE
Article 18
The working language of
AIPA shall be English.
CHAPTER X
ENFORCEABILITY CLAUSE
Article 19
All
instruments, resolutions and working arrangements
pertaining to the AIPO subsisting prior to the amendment
of the Statutes of AIPO which are not inconsistent with
these statutes shall be continue to be in force and
deemed enforceable.
AMENDMENTS
Article 20
1) Proposals to
amend the Statutes of AIPA shall be made formally in
writing and submitted to the Secretary-General at least
three (3) months prior to the commencement of the
General Assembly.
2) The
Secretary-General shall, without delay, communicate the
proposed amendments to each Member Parliament. The
Secretary-General shall, if necessary, also communicate
to Member Parliaments any counter-proposals at least one
(1) month prior to the commencement of the General
Assembly.
3) Any amendments
to the Statutes of AIPA and other relevant documents
pertaining to the organization shall be approved by the
General Assembly.
Done in Cebu City, the
Philippines, the Fourteenth of September, in the year
Two Thousand and Six (2006)