Statute

THE STATUTE OF THE INSTITUTE FOR MIGRANT RIGHTS

As adopted by the 2nd plenary meeting which was held in Jakarta, Indonesia, 13 to 14 June 2008.

CHAPTER I

VISION AND MISSION

Article 1

The Institute for Migrant Rights vision is of every migrant worker and the members of her or his family enjoy the human rights enshrined in the International Convention on the Protection of the Migrant Workers and Members of Theirs Families (CMW) and other international human rights instruments.

Article 2

In order to achieve this vision, the Institute for Migrant Rights has a mission to undertake research and actions focused on the promotion and advocacy of the international human rights norms.

CHAPTER II

CORE VALUES

Article 3

The Institute for Migrant Rights forms a community whose primary concern is the implementation of CMW at the international and national level whilst upholding the principle of the universality, indivisibility, and interrelatedness of human rights.

CHAPTER III

METHODS

Article 4

The Institute for Migrant Rights addresses states, intergovernmental organization, companies and other non-state actors.

Article 5

The Institute for Migrant Rights aims to educate the Indonesian migrant workers and other relevant actors on the international mechanisms on human rights and migration so that the migrant workers could defend their rights independently.

Article 6

It also conducts researches on the subject of the promotion and protection of migrant workers rights; the researches are widely distributed. Furthermore, it urges the Indonesian government to ratify the CMW and implement it consistently; it carries out the advocacy for the rights of the victim of human rights abuses; and it distributes the understanding of the need of CMW in the communities.

CHAPTER IV

INTEGRATED STRATEGIC PLANS

Article 7

There will be at all time for the Institute for Migrant Rights an Integrated Strategic Plans covering a period of one year.

CHAPTER V

ORGANIZATION

Article 8

The Institute for Migrant Rights is an organization based on worldwide voluntary membership, which consists of departments, structures, working groups, affiliated groups and international members.

Article 9

Ultimate authority for the conduct of the affairs of the Institute for Migrant Rights is vested in the Plenary Meeting. The Plenary Meeting consists of the Board of Advisors and the Board of Directors. Its primary functions are:

      1. to elect the Executive Director;
      2. to focus on strategy;
      3. to set the Institution for Migrant Rights’ vision and core values;
      4. to determine the Institution for Migrant Rights’ Integrated Strategic Plan;
      5. to establish systems and bodies of governance and delegation for the activity to elect member to those bodies and to hold these bodies and their members to be accountable;
      6. to evaluate the activities performance against agreed strategies and plans; and
      7. to hold departments, structures and other bodies accountable;

CHAPTER VI

THE EXECUTIVE DIRECTOR

Article 10

There is an Executive Director whose primary role is to provide leadership and stewardship for the Institute for Migrant Rights.

Article 11

The Executive Director’s functions are:

      1. to take decisions on behalf of the Institute for Migrant Rights;
      2. to ensure that there is a sound financial policy for the Institute for Migrant Rights;
      3. to ensure the implementation of the integrated Strategic Plans;
      4. to make any necessary adjustments to the Integrated Strategic Plans and other decisions of the Plenary Meeting;
      5. to ensure compliance with the Statute;
      6. to ensure human resources development;
      7. to hold departments and other bodies of the Institute for Migrant Rights accountable; and
      8. to performs the other functions conferred on it by the Statute.

Article 12

Responsibility for the Institute for Migrant Rights works lies with the Executive Director.

CHAPTER VII

THE SECRETARIAT

Article 13

The day-to-day affairs of the Institute for Migrant Rights shall be conducted by the Secretariat headed by the Executive Director under the direction of the Board Directors.

Article 14

The office of the Institute for Migrant Rights shall be located in Cianjur, Indonesia or such other place as the plenary meeting shall decide.

Article 15

Departments shall take no action on matters that do not fall within the stated vision and mission of the Institute for Migrant Rights.

Article 16

The Secretariat shall maintain a register of the departments and other bodies of the Institute for Migrant Rights.

Article 17

Departments shall act in accordance with the Core Values and Methods of Works of the Institute for Migrant Rights, as well as Integrated Strategic Plans, working rules and guidelines that are adopted from time to time by the Plenary Meeting.

CHAPTER VIII

THE PLENARY MEETING

Article 18

The agenda for meetings of the Plenary Meeting of the Institute for Migrant Rights shall be prepared by the Secretariat under the direction of the Executive Director.

Article 19

The Plenary Meeting shall be convened by the Secretariat by notice to all departments not later than 90 day before the date-there of.

Article 20

The Executive Director with the approval of the other members of Board of Directors shall request of not less than 21 days notice in writing to all departments.

Article 21

The Executive Director may appoint a Deputy Director who shall be responsible under her or his direction to conducts the affairs of the Institute for Migrant Rights and the implementation of the decisions of the Plenary Meeting.

Article 22

In the case of the absence or illness of the Deputy Director, after the consultation with the Executive Director, (s)he may appoints on Acting Deputy Director to act until the next meeting of the Plenary Meeting.

Article 23

The Acting Deputy Director as may appear to the Chairperson of the Board of the Advisors to be necessary shall attend meetings of the Plenary Meeting and may speak there but shall not be entitled to vote.

CHAPTER IX

TERMINATION OF MEMBERSHIP

Article 24

Membership of the Institute for Migrant Rights may be terminated at any time by resignation in writing.

CHAPTER X

SANCTIONS

Article 25

The Board of Directors may impose sanctions (which may consist of a warning, intervention, temporary suspension or permanent exclusion or closure) on any department or individual member if in its opinion that department or individual member does not act within the spirit of the vision, mission, core values and methods set out in this statute or does not organize and maintain basic activities of the Institute for Migrant Rights, or does not observe any of the provisions of this statute, and constitute an immediate threat to the reputation, integrity or operation of the Institute for Migrant Rights.

Article 26

None of these sanctions shall be imposed until the concerned department or individual member shall be provided with an opportunity to make its case to the Plenary Meeting within six months before the closure or permanent expulsion imposed.

Article 27

When closure of a department under consideration, all other departments shall also be informed in the same manner before such an action is taken of closure or permanent expulsion is imposed.

Article 28

Once the Executive Director has decided to impose any sanction in respect of a department or member, the party may appeal to the Membership Appeals Committee.

Article 29

The Membership Appeals Committee shall consists of five members who shall be elected by the Plenary Meeting.

Article 30

During any period of temporary suspension, or once closure or permanent exclusion has been agreed, a department or individual member may no longer represent or use the name of the Institute for Migrant Rights.

CHAPTER XI

FINANCIAL

Article 31

An independent auditor appointed by the plenary meeting shall five-yearly audit the accounts of the Institute for Migrant Rights, which shall be prepared by the Financial Department of the Secretariat and presented to the Plenary Meeting.

Article 32

No part of the income or property of the Institute for Migrant Rights shall directly or indirectly be paid or transferred otherwise than for valuable and sufficient consideration to any fits members by way of dividend, gift, division, bonus or otherwise howsoever by way of profit.

CHAPTER XII

AMENDMENTS

Article 33

The Statute may be amended by the Plenary Meeting by a majority of not less than two thirds of the votes cast. Amendments may be submitted by the Executive Director or by a department. Proposed amendments shall be submitted to the Secretariat not less than five months before the plenary meeting meets, and presentation to the Plenary Meeting shall be supported in writing by at least three departments. Proposed amendments shall be communicated by the Secretariat to all departments and to all members of the Institute for Migrant Rights.