|
WHEREAS in all democratic States freedom of expression is recognised as an
inviolable human right,
AND WHEREAS the States of the world have on several occasions solemnly declared
their support for freedom of expression.
AND WHEREAS under international law freedom of expression and its corollary,
freedom of the press have emerged as a right of all humanity,
AND WHEREAS freedom of the press is recognised not simply as a freedom for
journalists, editors or proprietors - but rather as a right of all citizens to
be informed on all matters of public interest,
AND WHEREAS it is implicit and inherent in the institution of a free press that
the press exercise its-powers and duties in a responsible manner,
AND WHEREAS it is recognised that the free press must be accountable to the
public, but not to government.
AND WHEREAS the creation of such organs as independent Press Councils and the
institution of the office of press ombudsman are recognised as methods whereby
the freedom, the irresponsibility and the accountability of the press may he
maintained and enhanced,
AND WHEREAS independent Press Councils provide, inter alia, a democratic,
efficient and inexpensive forum for the hearing of complaints against and by the
press, and for maintaining and assisting in the enhancement of its freedom,
responsibility and accountability,
AND WHEREAS a number of independent Press Councils and similar bodies have been
created in various countries and regions throughout the world,
AND WHEREAS at the first International Conference of Press Councils and Similar
Bodies held in Kuala Lumpur in November 1985 a Declaration (hereinafter called
the "Kuala Lumpur Declaration") was adopted which codifies the principles under
which Press Councils operate and which is set out in the Annexure to this
Constitution,
AND WHEREAS It has been agreed at the Second International Conference of Press
Councils and Similar Bodies held in Kuala Lumpur from 18 to 20 November 1989 (the
"Second International Conference") that it would be expedient for them to be an
Association permitting liaison and the advancement of matters of common interest
between those Councils,
AND WHEREAS at the Second International Conference it was decided to establish a
pro tem Committee to examine and to develop a Constitution to be submitted to
Press Councils and similar bodies for discussion with a view to the approval and
ratification of the Constitution of a World Association of Press Councils,
AND WHEREAS the pro tem Committee has developed this Constitution for such
discussion and with a view to its approval,
AND WHEREAS IT WAS AGREED at the Third International Conference of Press
Councils and Similar Bodies held in New Delhi in October 1992 that an
Association be formed to permit such liaison and cooperation and the advancement
of matters of common interest and that this Constitution be formally adopted,
NOW IT IS FORMALLY AGREED THAT:
ARTICLE 1. FORMATION
The World Association of Press Councils and Similar Bodies, to be known as the
WORLD ASSOCIATION OF PRESS COUNCILS ("the Association") is established and is to
be governed by the Articles of this Constitution which shall be subject to the
interim arrangements in Article 10.3 enter into force upon the approval and
ratification of this Constitution by at least any five Press Councils or Similar
Bodies referred to in Article 3.1 hereof and whose headquarters are located on
at least two regions as defined by the United Nations Organisation, namely, the
Asia Pacific Region, the West Asia Region, the European Region, the African
Region, the Latin American Region.
ARTICLE 2. OBJECTS
The objects of the Association are:
(a) to maintain and promote the institution of a free and responsible press and
media;
(b) to encourage, maintain and promote the institution of independent Press
Councils in pursuance of the Kuala Lumpur Declaration as well as the office of
press ombudsman as appropriate bodies to assist in ensuring the freedom the
responsibility and the accountability of the press;
(c) to support the principles of the Kuala Lumpur Declaration;
(d) to disseminate information on the concept of the Press Councils as a
democratic, efficient and inexpensive facility for the hearing of complaints
against and by the press;
(e) to provide an organisation through which Press Councils and Similar Bodies
may discuss, compare and exchange information and facilitate liaison;
(f) to seek and obtain finance, as appropriate, to sustain and promote these
objects, and
(g) to undertake such other activities as may be determined from time to time in
pursuance of these objects.
ARTICLE 3. MEMBERSHIP
3.1 The membership of the Association shall consist of those Press Councils or
similar Bodies which on the invitation of Chairman of the pro tem Committee
approve and ratify this constitution by 31 March 1993 and who shall be the
Founding Ojdinary Members.
3.2 The Ordinary Membership of the Association is also open to Press Councils or
bodies performing similar functions subject to the approval of the Executive
Council. If the Executive Council rejects the request for membership the
decision of the General Assembly on that matter shall be final.
3.3 Institutions or individuals who are or have been associated with Press
Councils may be invited by the Executive Council to become Associate Members of
the Association. Associate Members shall have no voting rights, and their other
rights and obligations shall be determined by the General Assembly.
3.4 The admission fee for Ordinary Membership shall be US$100 and the yearly
subscription for Ordinary Membership shall be US$ 100.
The fees for Associate Members may be determined by the Executive Council.
Funds from such fees, and other funds reserved shall be used only for the
furtherance of the objects of the Association.
ARTICLE 4, THE GENERAL ASSEMBLY
4.1 A session of the General Assembly shall consist of up to six representatives
nominated by each Ordinary Member.
4.2 A session of the General Assembly of the Association shall be convened at
least once in four years with 42 days' notice.
4.3 A session of the General Assembly may be convened by the Chairman of the
Executive Council by the President or on a request addressed to the Convener
made by not less than four members or one fourth of the total number of Ordinary
Members, whichever is the greater, made by post, cable, telex, facsimile
transmission or similar communication.
4.4 Ordinary Members at a session of the General Assembly may vote in person or
by post, cable, telex, facsimile transmission or similar communication.
4.5 The General Assembly may by a resolution adopted by a simple majority of
those Ordinary Members voting at a session: a) define the powers and functions
of Executive Council and subject to Article 6, the Officers of the Association;
b) interpret the Constitution; and
c) Take such action as it may deem appropriate to fulfil the objects of the
Association.
4.6 Once in every four years the General Assembly shall elect officers of the
Association who, with the Chairman of the Executive Council appointed under
Article 5 .4, shall constitute the Executive Council, which may include :
a President of the Association
a Vice President or such Vice Presidents as the General Assembly may determine;
a Secretary General;
a Deputy Secretary General;
a Treasurer; and the other Members of the Executive Council.
so that each Ordinary Member is represented on the Executive Council.
All Officers of the Association will hold office until the next elections, or
until the General Assembly otherwise determines. In the event of any vacancy in
any office, the Executive Council may by nomination fill that office for the
remaining term and may co-opt additional Members of the Executive Council.
ARTICLE 5 THE CONVENOR
5.1 A session of the General Assembly shall from time to time appoint any one of
the Ordinary members to be Convenor. The term of office of the Convener shall be
the same as that of an office "Bearer at the expiration of which a further
appointment or appointment of the same or any other member not being on
Associate Member shall be made for another four years.
5.2 The Convener shall:
a) be a local point for liaison between members, and provide reasonable
secretarial, postal and other such services;
b) provide notices to members under the Articles of this Constitution;
c) provide facilities, excluding travel and individual accommodation costs, for
meetings the Executive Council and for the holding of sessions of the General
Assembly and act as an executive for the sessions of the General Assembly;
d) maintain the records of the relevant session of the General Assembly and
transmit such records to the Secretary General;
c) act as Depository for the Association.
5.3 The headquarters of the Convenor appointed from time to time shall be the
Headquarters of the Association.
5.4 The Chairman of the Convenor shall be the Chairman of the Executive Council,
6. POWERS AND FUNCTIONS OF CHAIRMAN OF THE EXECUTIVE COUNCIL AND PRESIDENT AND
OTHER OFFICERS
6.1 The President shall preside over meetings of the General Assembly and shall
exercise such other powers and discharge such other duties as may be assigned to
him by the General Assembly or the Executive Council from time to time. 6.2 .
The Chairman of the Executive Council shall preside over the meetings of the
Executive Council. He or she will be the executive head of the Association and
shall execute the decisions of the General Assembly and the Executive Council
and shall otherwise ensure the administration of the Association.
6.3 The Chairman and the. other Officers of the Association shall exercise such
other powers and perform such other duties as may be assigned to them by the
Executive Council from time to time.
ARTICLE 7. EXECUTIVE COUNCIL
7. 1 Between sessions of the General Assembly, the Executive Council may
exercise any of the powers of the General Assembly set out in Articles 3.3 and
4.5 hereof.
7.2 A meeting of the Executive Council may be called by the Convenor on 14 days'
notice on its own initiative, or at the request of any four members of the
Executive Council.
7.3 Notice of all motions to be presented to the Executive Council will be
circulated and may be voted upon by absent members by proxy, post, cable, telex,
facsimile transmission or similar methods of communication,
7.4 In cases of urgency, the Executive Council by a majority of two thirds of
those voting whether personally, by proxy, post, cable, telex, facsimile
transmission or similar methods of communication may retrospectively shorten the
period of notice required for the calling of the meeting.
ARTICLE 8. AMENDMENT
8.1 This Constitution may be amended only at a session of the General Assembly
by a resolution adopted by two thirds of the representatives present and voting,
including those voting by proxy, provided that 42 days' notice of the motion to
amend the Constitution is given to the Convener who shall give at least 42 days'
notice of the session, including notice of the motion to amend the Constitution.
ARTICLE 9. WITHDRAWAL
9.1 Any member may withdraw from the Association by giving six months' notice
thereof to the Convener.
ARTICLE 10. RATIFICATION, DEPOSITORY, INTERIM & OTHER ARRANGEMENTS
10.1 A statement in writing by the President or Secretary or similar officer of
a Press Council or similar Body addressed to the Depository Press Council
indicating that the Constitution has been approved and ratified shall constitute
conclusive proof of such approval and ratification, or of any other matter
required under this Constitution.
10.2 Subject to Article 5.2, the Depository Press Council shall be the
Australian Press Council of 149 Castle Street, Sydney, New South Wales' 2000.
Australia.
10.3 Immediately upon the representatives of at least five Press Councils or
Similar Bodies as defined in Article 1 signing this Constitution the
representatives of each Council shall together constitute the Interim Executive
Council which may exercise all of the powers of the Executive Council under the
Articles of this Constitution and may make interim appointments of Officers of
the Association under Article 4.6 and take other interim decisions in exercise
of the powers under Article 7 pending the approval and ratification of the
Constitution under Article 1 hereof. Thereafter the Interim Executive Council,
and such members as arc co-opted by it from time to time to ensure that each
Ordinary Member is represented thereon, shall constitute the Executive Council
which shall hold office until the General Assembly determines otherwise.
10.4 The Depository Press Council shall notify each Press Council or Similar
Body which has approved and ratified this Constitution in accordance with
Article 3.1 hereof the date of the coming into force of this Constitution.
10.5 This Constitution is drawn up in duplicate in the English language one copy
of which shall be retained by the Secretary General and the other by the
Depository Press Council.
10.6 The Depository Press Council shall transmit a certified copy of the
Constitution to each Member, not being an Associate Member, and to the
Secretaries General of the United Nations Organisation and the United Nations
Educational Scientific and Cultural Organisation.
10.7 Pending the appointment of a Convenor under Article 5 hereof the Depository
Press Council shall act as Convener.
IN WITNESS WHEREOF the parties hereto have through their duly authorised agents,
representatives and/or executive officers signed this Constitution in the city
of New Delhi on this twenty third day of October, one thousand nine hundred and
ninety-two, Signed on behalf of the Australian Press Council
by David Flint
(Sgd) David Flint
Signed on behalf of the Nepal Press Council
by Gopal Prasad Pant
(Sgd) Gopal Prasad Pant
Signed on behalf of the New Zealand Press Council
by Thomas Cedric Larkin
(Sgd) Thomas Cedric Larkin
Signed on behalf of the Sri Lanka Press Council
by Hon. Justice Fernando
(Sgd) Hon. Justice Fernando
Signed on behalf of the Press Complaints Communication
by Mark Bolland
(Sgd) Mark Bolland ( * ) Old constitution was replaced by present constitution
which was revised in October 2004 and adapted by unanimous vote at the 9th
General Assembly of the WAPC in Bagamoyo, Tanzania on October 26 2004.
|