ASEAN Inter-Parliamentary Assembly (AIPA)
The Statutes of ASEAN Inter-Parliamentary Assembly (AIPA)
ASEAN INTER-PARLIAMENTARY ASSEMBLY
THE STATUTES
OF
THE ASEAN INTER-PARLIAMENTARY ASSEMBLY (AIPA)
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 Brunei Darussalam Legislative Council, 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 Pyidaungsu Hluttaw of the Union of Myanmar, 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
ASEAN INTER-PARLIAMENTARY ASSEMBLY (AIPA)
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 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 Brunei Darussalam Majlis Mesyuarat Negara (Legislative Council), 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 Myanmar the Pyidaungsu Hluttaw consisting of the Pyithu Hluttaw (Lower House) and the Amyotha Hluttaw (Upper House) 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 subcommittees 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:
· Be responsible to the President of AIPA.
· 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.
· Assist the President of AIPA in managing the work of the Executive Committee and the General Assembly
· Transmit all resolutions and decisions taken by the General Assembly for noting or implementation to the AIPA Member Parliaments.
· Represent AIPA as an observer in international parliamentary conferences.
· Act as a channel of formal communication between AIPA and ASEAN and other international and regional organization, governments and parliaments.
· 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.
· Manages the finances of AIPA, and to be accountable for the usage of funds as approved by the General Assembly.
· Perform any other duties as directed by the President of AIPA, the Executive Committee and the General Assembly.
· 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.