Draft Constitution
Proposed for amendment and adoption in Fremantle
[Note: Underlining denotes changes which are significantly different from the IYDU constitution. Inserted annotations in square brackets do not form part of this constitution.]
[To see the final constitution, as amended and adopted, click here.]
Name
1. The Asia Pacific Democrat Youth shall be a working association, created in pursuance of the beliefs expressed in the International Young Democrat Union “Declaration of Principles”, which is deemed to be incorporated as section 1A of this Constitution.
Definitions
1A (a) Associated organisations referred to in this document are:
(i) The “Asia Pacific Democrat Youth” (hereafter “APD Youth”);
(ii) The “Asia Pacific Democrat Union” (hereafter “APD Union”);
(iii) The “International Democrat Union” (hereafter “IDU”); and
(iv) The “International Young Democrat Union” (hereafter “IYDU”).
(b) A decision made “nemine contradicente” (hereafter “nem. con.”) is taken to mean a decision where no voting member asks to register a dissenting vote in the minutes of a meeting.
Beliefs and Objectives
2. The beliefs and values of the APD Youth are expressed through:
(a) The signing of the IYDU Declaration of Principles, in the conviction that these principles are embodied in the policies of the various political parties which form this union;
(b) The conviction that the constitutional ideals and institutional heritage of the pluralist democracies should be defended and promoted;
(c) Contribution to the working of the IDU; with dedication to strengthening the right-of-centre political forces around the world and building the momentum of economic development, individual freedom and progress; and
(d) The engagement of the member organisations in close co-operation in a working association that builds the skills of our members and prepares future generations of political leaders for the Asia Pacific.
3. The immediate objectives of the APD Youth and its Executive are:
(a) To represent member organisations at an Asia-Pacific regional level;
(b) To further co-operation between member organisations by the regular exchange of information and the holding of periodic meetings; and
(c) To raise and expend monies to promote the aims for the APD Youth.
Membership
4. Any national political party or equivalent youth organisation located in a country of the Pacific Basin which declares its support for the IYDU Declaration of Principles, and the aims and objectives stated above, shall be eligible for membership of the APD Youth. The APD Union Executive shall in all cases retain the right to veto any organisation from eligibility to join the APD Youth and the APD Youth shall be the final arbiter in cases of disputed eligibility.
5. There shall be two categories of membership:
(a) Full Member
(1) National youth organisations or national students organisations that are fully associated with political parties in the IDU, or any of the IDU's regional Unions, shall be eligible for full membership provided that the organisation has the approval of its respective party to do so.
(2) Political parties in the IDU, or any of the IDU's regional Unions, which do not have an associated youth organisation, shall be eligible for full membership.
(3) Organisations which are eligible for full membership may be invited by the APD Youth Executive nem. con. or by a vote of at least three quarters of the financial full members which are represented at a meeting of the Council.
(4) Full membership shall be granted to an invited organisation upon the signing by that organisation of the IYDU Declaration of Principles at a meeting of the Council or the Executive, save that the APD Union Executive may exercise a veto within six months.
(5) An organisation with full membership shall have the right to send delegates to participate and attend and participate in all Conventions of the APD Youth and may send up to three voting delegates to at meetings of the Council and may exercise its votes in a postal ballot.
(b) Associate Member
(1) Any national, regional or international political youth organisation or students organisation which is not eligible for full membership may apply for associate membership.
(2) Associate membership may be granted to an organisation by a nem. con. vote of the Executive but must be ratified at the next meeting of the Council.
(3) Associate membership shall be granted to an organisation if at least three quarters of the financial full members which are represented at a meeting of the Council support a motion to do so, provided that the notification of the motion is given in the Notice of Council.
(4) The Executive of the APD Union may, within six months of a decision by the APD Youth, grant associate membership to a particular organisation, exercise a rescission of that membership.
(5) An associate member organisation shall have the right to attend all Conventions and meetings of the Council. Associate member delegates shall be granted speaking and moving rights but shall not be granted voting rights.
Termination of Membership
(6) Membership of an organisation shall be terminated with immediate effect by a declaration of a member organisation to the Executive Secretary. However in such cases of voluntary termination, outstanding debts owed by that organisation remain payable. [Adapted from PDU Constitution s.3(a)(iv)] Membership shall also be terminated where a vote in which at least three quarters of the financial full members which are represented at a meeting of the Council support a motion to do so, or where a majority of a postal vote approve the termination (provided that notification of the motion is given in the Notice of Council).
Council
6. There shall be a Council of the APD Youth which shall meet at a date between twelve to twentyfour months from the conclusion of the last Council, at the choice of the Executive of the day. If the Council does not meet within twentyfour months of from the date of its last gathering, all office bearer positions shall be deemed vacant and the APD Union Executive may approve a member organisation to give notice of a new Council meeting in their respective country.
7. The Council shall consist of the office bearers and up to three voting delegates from each organisation with full membership in the APD Youth.
8. The Council shall be mandated to:
(a) Elect the office bearers;
(b) Consider the reports of the Executive and office bearers;
(c) Consider reports from member organisations;
(d) Consider the audited accounts;
(e) Establish statements of objectives and policies of the APD Youth;
(f) Consider applications for associate membership; and
(g) Consider amendments to this Constitution.
9. Notice of Council shall be given at least three months prior to the meeting and shall contain the latest copy of this constitution, the date, time and location of the meeting as well as inviting nominations and motions within the Council’s mandate. One month prior to the Council, notice shall be given of motions and valid nominations.
10. The quorum for a valid vote of the Council shall be delegates representing two or more sub-regions. In the absence of a quorum the APD Youth Executive may judiciously act on motions passed by a majority of votes present. If quorum was not reached, all member organisations shall be notified within a month that all matters, other than elections of office bearers, are deemed re-opened for a postal vote. Postal votes shall be due two months after the close of a Council meeting. Notwithstanding a failure to reach quorum, the election of office bearers will be deemed valid, provided that proper notice was given.
10A. The meetings of the Council shall be private, but delegates may resolve on any press coverage and the publication of its decisions. [Adapted from PDU Constitution, s. 5(d)].
Conventions
10B. The Executive may give notice of Conventions to be held from time to time, which shall consist of the office bearers, delegates from member organisations, committee members, contact group members and persons invited by the Executive to observe.
10C. Conventions shall be mandated to:
(a) Consider the reports of the Executive and office bearers;
(b) Consider reports from member organisations;
(c) Undertake training activities and study visits;
(d) Hold advisory debates and discussions for the assistance of concurrent Councils or subsequent Councils.
10D. The Executive may resolve on any press coverage and publication of convention decisions.
Office Bearers
11. The office bearers shall consist of the:
(a) Chairman
The Council shall elect a Chairman who shall serve for not more than two terms and shall preside over the Council, the Executive and Conventions. The Chairman shall ultimately be responsible for the work of the APD Youth and shall, when possible, represent the APD Youth at meetings of the IDU.
(b) Vice-Chairmen
The Council shall elect up to six Vice-Chairman, each representing one of five separate geographic regions. The geographic regions are deemed to be South-East Asia, North-East Asia, Australasia, the South Pacific Islands, North America and South America.
(c) Conferred and Delegated Powers
The APD Youth Chairman may nominate another member of their respective Executive to represent them on the IYDU Executive.
(d) Treasurer
The Council shall elect a Treasurer who shall be responsible for administering the APD Youth’s finances, reporting regularly to the Executive and auditing the annual budget.
(e) Executive Secretary
The Council shall elect, on the nomination of the Chairman, an Executive Secretary who shall assist the Chairman and the Executive according to instruction and shall be responsible for secretarial support and for day to day business of the APD Youth. [Adapted from PDU Constitution s.10(b)] The Executive Secretary shall be a non-voting member of the Executive and the Council.
12. All office bearers shall belong to either:
(a) A member party of the IDU or any of its regional Unions; or
(b) A financial member organisation of the APD Youth.
13. The Chairman, Executive Secretary and Treasurer shall belong to a member party of the IDU.
14. An office bearer's position shall be declared vacant if a motion to do so is supported by two thirds of the office bearers or if two thirds of the financial full member organisations request in writing to the Executive Secretary of the APD Union that the position be declared vacant.
15. In the situation where an elected office bearer position is vacant, the Executive may elect someone to occupy that position until the next meeting of the Council.
Executive
16. The Executive shall consist of the office bearers and the Executive Secretary of the APD Union, who shall be an ex-officio non-voting member of the Executive.
17. The Executive shall hold a meeting at least once every twelve months. Notice for in-person meetings shall be one months and notice for meetings by means of remote instantaneous conference technology shall be two weeks. Meetings of the Executive shall be convened by the Chairman.
18. The Executive is responsible for directing business of the APD Youth between Council meetings and, in particular, supervising the day-to-day work of the IYDU, adopting an annual budget and representing the APD Youth as it sees fit.
19. The Executive shall exercise all the power of the Council unless otherwise specified in the Constitution.
20. All member organisations shall receive notice and minutes of Executive meetings and may participate in meetings of the Executive in a non-voting capacity.
21. Meetings and decisions of the Executive may be made by a telephone conference call, or by closed internet conference, provided two weeks notice of the agenda is given. Votes on specific issues may be conducted by postal ballot, provided one months notice is given. All member organisations shall be notified of any such decisions so made.
22. The Executive may be able to co-opt any person to serve on the Executuve. Co-opted Executive members do not have voting rights and their terms of office expire at the subsequent meeting of the Council.
23. The Executive may invite any individual to observe meetings of the APD Youth or participate in discussion of specific agenda items.
24. The quorum of a meeting of the Executive shall be one half of the office bearers.
Committees and Contact Groups
25. The Council or the Executive may create committees or Contact Groups for purposes that the Council or the Executive may see fit. The Executive has exclusive power to appoint persons to such bodies. The Chairman and the Executive Secretary shall be ex officio members of every committee and Contact Group.
Administration and Finance
26. The working language of the APD Youth shall be English.
27. Administrative support for the APD Youth shall be provide by:
(a) The APD Youth Executive Secretary;
(b) The APD Union Executive Secretary; and
(c) Where possible, the political party of the Chairman and Executive Secretary.
28. The Council may adopt Standing Orders governing its operations.
29. The Executive shall adopt a Financial Protocol to govern the essential costs of the organisation. In accordance with the spirit of the APD Youth as an international non-governmental youth organisation, the Executive shall not incorporate the APD Youth under the laws of any singular country.
30. (a) Member organisations shall be deemed to be financial if they have no outstanding debts to the APD Youth. Where a member organisation appoints a delegate to attend an APD Youth meeting, any fees or expenses that are outstanding from that delegate shall be deemed to be a debt owed by their organisation. Debts may be written-off by decisions of the APD Youth Executive, if the proposed write-off is acceptable to the APD Union Executive Secretary.
(b) Failure by a full member organisation to pay outstanding amounts within six months of it becoming due shall result in the removal of voting rights of that organisation and in the case of an associated member organisation shall result in the suspension of its membership.
31. The expenses of the office bearers may be provided for in the annual budget.
32. Any decision to dissolve this union shall be taken by two thirds of full members by postal ballot. Upon dissolution, the assets of the APD Youth, having met all outstanding obligations, shall devolve upon the IDU in trust for payment to a future organisation with like aims and objectives as the APD Youth.
Voting
33. Voting in all structure of the APD Youth shall be by simple majority unless otherwise specified in this Constitution.
34. There shall be secret ballots held at the Council for the election of office bearers regardless of how many candidates there are.
35. A full member organisation may give voting rights in the form of a proxy to delegates of another member organisation that possesses voting rights, or to office bearers attending a meeting of the Council. Notification of such shall be in writing to the Executive Secretary, at least one week prior to the exercise of the vote.
36. Office bearers (apart from the Executive Secretary and those that are ex-officio) shall have the right to exercise a vote at meetings of the Council. This vote cannot be given as a proxy.
Interpretation, Omissions and Alterations
37. This Constitution can only be amended by the APD Youth Council, save that the APD Union Executive may rescind any amendment within six months of its resolution at the Council. Until rescinded, amendments approved by the Council shall be validly in force from the date they are submitted to the APD Union Executive Secretary.
38. Amendments of this Constitution may only be moved by delegates or office bearers possessing voting rights.
39. Two thirds of member organisations which are financial and represented and voting at a meeting of the Council must vote in support of any proposed amendment, or a majority of a postal vote must vote in support, in order for this Constitution to be altered, provided that the proposed amendment has been included in the Notice of Council.
40. The Executive shall have the power to interpret this Constitution and to deal with any matter not provided for in this Constitution.
Transitional Provisions
40A. (a) The Foundation Meeting of the APD Youth, held in Perth, Australia from 5th to 10th January 1999 shall be deemed to be a validly notified and quorate Council meeting. The following office bearers shall be deemed to have been validly elected as the Foundation Executive under the terms of this Constitution.
(i) Chairman:
(ii) Executive Secretary:
(iii) Treasurer:
(iv) Vice-Chairmen:
(b) The term of office of the Foundation Executive shall expire at the next Council meeting of the APD Youth, or at the expiration of twentyfour months, whichever is the sooner. This transitional provision (s.40A) shall expire and be deleted from this Constitution when the term of the Foundation Executive expires.
40B. Upon affirmation of the IYDU Executive at Perth, Australia on th January 1999, the APD Youth shall be taken as the successor organisation to the Pacific Democrat Youth under terms of s.5(3) and s.40 of the IYDU Constitution. This transitional provision (s.40B) shall expire upon the passage of a valid motion to amend s.5(3) of the IYDU Constitution so that it inserts the word “Asia” before “Pacific Democrat Youth.”