Habitat International Coalition (HIC) By Law – First part


Habitat
International Coalition (HIC) By Law

 

Contents

By-law, definitions, abbreviations and temporary
provisions

 

A.
Membership

a.
Members’ Assessment

b.
Friends’ Assessment

B.
Board and Presidency

a.
President and Board Members Election

b.
Responsibilities of the President

c.
Responsibilities of the Board Members

C. General Secretariat

a. Appointment

b. Responsibilities

D. Reference Centres

a. Status of a Reference Centre

b. Responsibilities of the Reference Centres

E. Working Groups

a. Status of a Working Group

b. Responsibilities

F. Wisdom Keepers

a. Appointment of a Member

b. Functions of the Wisdowm Keepers

Important note:Points C, D, E and F will be drafted
later. The content of these points may affect that of points A and B.

By-Law

The following By-law complements the current HIC Constitution,
which was approved by the 2013 General Assembly. It provides the criteria for
procedures with the aim of ensuring the utmost possible participation and
efficiency of the steering (General Assembly and Board) and operative bodies
(General Secretariat, Reference Centres and Working Groups), while preserving
the autonomy, the democratic processes, the integrity of HIC’s institutional
framework and its unimpeded operation. In addition, it provides criteria for
the integration and functional roles of the Wisdom Keepers

As established in article 21 of HIC’s Constitution:

1. The General Assembly may decide upon once or more
by-laws on matters that are missing or are not exhaustively provided for in the
Constitution.

2. A by-law may not contain paragraphs incompatible
with the laws of the country where the seat of the Association is located or
with this Constitution.

3. A revision of the by-laws can only be approved by
the General Assembly by a simple majority of HIC Members present in person or
online and voting at a duly constituted General Assembly meeting with a quorum
(as defined in article 11 of HIC’s Constitution).

Definitions

Of the Board

The terms « Board Member” and « representative to the
Board” are synonymous and refer to the individual who sits on the HIC Board and
participate in the decission making as the representative of the members of the
region which elected him/her.

The term « year” refers to twelve (12) months commencing
with the date of election.

The term « period” refers to four (4) years starting
from the date of the announcement of the results of the election of the Board
Member or the designation of the representatives invited by the Board.

The term « limit of two consecutive terms” means that no
member of the Board may serve in any position or any combination of positions
on the HIC Board for more than eight (8) years consecutively in the case of
Board members or members invited by the Board.

The term « Member Space » refers to the online
platform, which can be used by all HIC Members. This platform has been created
to facilitate exchanges among members. It ease the active participation in the
initiatives and fights of the Coalition as well as the fulfillment of its
mission.

Of the Members

The definition of members and friends are to be found
in articles 4 and 6 of HIC’s Constitution.

« Contributions »
are actions which allow the strengthening of HIC and the implementation of
HIC’s strategy. These contributions are divided into 5 groups (i) research and
documentation, (ii) training, (iii) networking, (iv) fundraising, funds
management and other services (logistics, administration and legal), and (v)
dues calculated according to the annual budget of the member organisation.

Of the General Secretary

The term « General Secretariat” refers to the team made
up by the General Secretary and his/her collaborators.

Abbreviations

EC: Electoral Committee.

HIC-LA: HIC’s Reference Centre in Latin America.

HIC-MENA: HIC’s Reference Centre in Middle East and
North Africa.

HIC-SA: HIC’s Reference Centre in South Asia.

HLRN: Housing and Land Rights Network.

GS: General Secretariat.

WG: Working Groups.

Temporary Provisions

HIC regions which are entitled to have Board
representation are the following: (i) Africa, (ii) Asia and Pacific, (iii)
Latin America and the Caribbean, (iv) North America, (v) Europe, (vi) Middle
East and North Africa. Current Reference Centres as of the date of this by-law
are: (i) HIC-LA; (ii) HIC-MENA; (iii) HIC-SA, (iv) HLRN. Those working in the
Reference Centers are considered as staff of the organization; they participate
in the Board Meetings and in the General Assembly with the right to speak but
without the right to vote.

A. Membership

a. Members’ Assessment

Article 4 of the HIC Constitution defines HIC Members
and the way they collaborate, based on contributions as determined by the
Board.

1. Contributions comprise active participation in HIC’s
tasks and activities, shared by the member in the Member Space and dues. These
contributions are in line with HIC’s strategy and contribute to strengthen the
Coalition. Dues are annual financial contributions.

Each member may choose the type of contribution s/he
wants to make. The evaluation of their membership status will be based on these
contributions.

2. Following is a list of contributions:


Research and Documentation

    • Contributes with HIC in the drafting
      and/or submission of a parallel report to a UN body.
    • Contributes with HIC members
      and/or structures of HIC in the drafting and/or submission of other
      reports and documents to UN bodies.
    • Elaborates documents in an HIC
      active working group.
    • Participates in HIC’s research
      missions as (description must be defined by the member).
    • Participates in the HLRN
      « Urgent Action System” as (description must be defined by the member).
    • Contributes to the HLRN
      « Violations Database” (VDB) either adding new cases, updating the
      database or dissemination its contents.
    • Translates and distributes HIC
      documents into local languages.
    • Provides with material to HIC’s
      global documents (HIC News, declaration, position papers, other
      publications).
    • Contributes with other
      documentary and research tasks.


Formation

    • Participates in
      training-related issues in HIC events as (description must be defined by
      the member).
    • Shares training methodologies
      and contents in HICademy curricula.
    • Organises training sessions
      through the HICademy.
    • Other training contributions.


Networking

    • Calls for the creation of a
      Working Group and does the follow up of its tasks.
    • Plays an active role in a
      Working Group.
    • Participates on behalf of HIC
      in local events/activities (direct action, public advocacy, policy
      analysis, etc.).
    • Represents HIC at public events
      as (description must be defined by the member).
    • Participates in an Electoral
      Committee as (description must be defined by the member).
    • Initiate collaborations with
      other(s) member(s) of HIC.
    • Promotes the name of HIC
      (organising events, using HIC’s logo, disseminating HIC’s website on the
      webpage of his/her organisation, etc.).
    • Informs and helps new
      applicant(s) when applying for HIC’s membership.
    • Actively participates in HIC’s
      online tools (blog, Member Space, HICademy, etc.).
    • Other contributions to
      networking.


Fundraising and management

    • Participates in regional or global HIC
      events, covering own costs for travel and/or accommodation.
    • Mobilises resources to cover other HIC
      members’ participation in regional or global HIC events.
    • Provides other type of administrative
      and/or legal services.
    • Other contributions to fundraising and
      management.


Dues are the following:

USD 50 for an annual budget below USD 50.000

USD 100 for an annual budget of USD 50.001 a USD 100.000

USD 200 for an annual budget of USD 100.001 a USD 200.000

USD 400 for an annual budget
over USD 200.001

3. The annual evaluation of the Members contributions
falls back on the Secretariat, in coordination with the Board members and the
Reference Centres. The tool allowing the validation of member status is
available in the Member Space (Contributions to HIC). Contributions by HIC
Members must be tailored to each of the regions in which they perform their
task. It is the Secretariat’s responsibility, in coordination with the Board
Members and the Reference Centres, to revise and update the list of
contributions keeping this in mind.

4. In the event that a member fails to make a
contribution in the course of one year, s/he will lose his/her right to vote. This
right will be renewed as soon as there is a new contribution. The General
Secretariat must inform the member about his/her renewed right to vote.

5. Gender indicators for contributions other than dues are
the following:


GBA: Includes a gender-based analysis


SDD: Includes Sex disaggregated data


NSL: Uses non-sexist language


WGO: Involves women and women’s
groups/organizations

6. Every member must send his/her list of contributions,
updated and documented once a year. to the General Secretariat and the
Reference Center (depending on the region). The list will be reviewed by HIC
structures to ensure that the member receives the full benefits s/he is
entitled to – including his/her right to vote during the next 365 days starting
from the date the document is sent. The list must be received no less than two
weeks prior to the cut off date for the purposes of voting in a regional
election or a general assembly.

Dues must be received prior to the start of the General Assembly meeting
or regional elections cut off as defined by EC.

b. Assessment of HIC Friends

Article 6 of HIC Constitution defines HIC Friends.

7. Contributions of HIC Friends are voluntary. The
evaluation of their status as an HIC Friend will be based on these
contributions.

8. For dues, the sliding scale is calculated on the
basis of the Friend’s personal annual income. The sliding scale is the same for
Members and Friends.

9. The Secretariat, in coordination with the Board
Members and the Reference Centres must annually assess the Friends’
contributions. HIC Friends’ contributions must be adapted to each of the
regions in which they live. It is the Secretariat’s responsibility, in
coordination with the Board Members and the Reference Centres, to review and update
the contributions’ list, keeping this in mind.

10. In the event that a Friend fails to make a
contribution in the course of two (2) year, s/he will lose his/her active
friend status. The status of active Friend is renewed with a new contribution. The
General Secretariat must inform the friend about this status update.

B. Board and President

a. Election of the President and the
Board Members

Election of Board Members

This point elaborates on what is established in
Articles 8 and 9 of HIC’s Constitution.

11. The Board may determine that regions with twice the
average number of members per region might have two (2) Representatives,
necessarily of different genders.

12. To ensure the continuity and the operational
capacities of the Board, the Board Members, the Reference Centres and the
General Secretariat shall progressively coordinate the election process so that
at least half of the Board Members are elected every two (2) years, keeping the
ratio of current members and new designations.

Right to Vote, Eligibility and
Nominations

13. HIC Members are entitled to elect the President and
their regional representatives at the Board and to vote the decisions taken during
General Assembly meetings.

14. Reference Centres, in coordination with the General
Secretariat, can submit for the consideration and approval of the Board their
proposals regarding criteria based in the contribuitons for the validation of
the right to vote in regional elections.

15. HIC Members shall designate their voting
representative at the time of updating his/her membership. Only designated
Voting Representatives belonging to the organization shall be entitled to vote
in HIC elections, to be nominated for the HIC Board or to participate in
decision-making within the Assembly meetings. If the Voting Representative does
not have a directive/executive status within HIC s/he shall certify a proxy
authorising his/her vote.

Elegibility for Board Representatives

16. Eligible candidates to the HIC Board are elected
for their individual goodwill and skills to carry out the tasks required of an
HIC Board Member and to represent the social bases of their respective region.

17. Eligible candidates to the HIC Board shall belong
to organizations Members of HIC in good standing for at least one (1) year at the time of their
nomination.

18. Eligible candidates to the HIC Board shall be
representatives of organisations which have been based in the corresponding
region for at least one (1) year at the time of their nomination.

19. No employee of the HIC Secretariat or of Reference
Centres may be eligible to run for or serve in a Board office. In the event
that a Secretariat employee or of a Reference Centre team seeks a Board office,
s/he shall resign from her/his Secretariat or Reference Centre post and serve
no other post in such structure during the term of the Board office in which
s/he serves

20. Candidates running for any election shall be
nominated by at least two (2) organizational Members of the
Coalition from the same region and other than
the one to which s/he belongs.

Elegibility for HIC President

21. Eligible candidates to the HIC
President position shall be representatives of a HIC
organizational Members in good standing for at least three (3) years
at the time of the nomination.

22.
Eligible candidates to the HIC President position shall be nominated by a
minimum of five (5) HIC Members in good standing for at least one (1) year at
the time of the nomination, and based in any region.

Elegibility for Representatives of Social Movements, Women’s and/or Feminist Movements and Discriminated Groups or Minorities

23. The representatives of Social Movements, Women’s
and/or Feminist Movements and Discriminated Groups or Minorities do not need to
be HIC Members at the time of their appointment. These representatives shall be
nominated by HIC Members in consultation with social movements, women’s and/or
feminist movements and discriminated groups or minorities. HIC Members
participating in these nominations shall be in good standing for at least one
(1) year at the time of the nomination and be up to date with their
contributions.

Nominations

24. In order to confirm the eligibility of a candidate,
both the candidate and his/her organisation shall confirm in writing their
acceptance of the candidacy.

25. For the purpose of the electoral campaign, two (2)
documents are required: (i) one from the candidate’s organisation supporting
the candidacy and including a brief statement indicating name and general
activities; (ii) another from the candidate, including a short bio or CV and a
cover letter.

26. When calling for candidates to represent Social
Movements, Women’s Movements, Discriminated Groups or Minorities or for the
Board Associated Member, gender balance in the composition of the Board may determine
in advance the gender of the required candidates.

Electoral Process for
Representatives of HIC Regions

27. The regional coordinators of the Reference Centres
are responsible for ensuring that their Structure conducts the elections by
notifying all constituent members of the electoral process and calling for
volunteer members to serve at the Electoral Committee (EC) six (6) months
before the end of the current Board representative’s term. In the event that
the Structure fails to fulfil its duty to convene an election in its region,
the General Secretary shall coordinate the call for the election process four
(4) months before the end of the outgoing representative’s term or before the
occurrence of a vacancy. However, this measure should only be taken as a last
resort as the Secretariat should not replace the autonomous role and
responsibilities of Reference Centres. The General Secretariat shall inform the
Board of the situation and procedures and set up an appropriate Electoral
Committee in compliance with this By-law.

28. The EC, HIC Centre of Reference and the General
Secretariat shall establish voting procedures in accordance with the
Constitution of HIC and this By-law.

29. The EC should be comprised of at least three (3)
Member representatives with gender and geographical diversity from among the
Members of the respective region in which the election takes place. The members
of the EC shall be responsible for determining the division of labour and
nominating a coordinator of the overall process.

30. The ECs shall submit its election plan to the HIC
Board in order to certify its compliance with the HIC Constitution and with
this By-law at least three (3) months before the end of the electoral process.

31. The EC members are not be
eligible to nominate or contest for any candidacy for the election that they
serve. However, EC members´organizations are
entitled to vote if they fulfil the requirements of paragraph 35. EC members
serve on a voluntary basis. Under no circumstances shall a member of an Electoral
Committee accept or receive any remuneration for his/her service. The EC shall
set a timetable for the electoral process, including the deadline for receiving
votes.

32. The EC, in coordination with the Reference Centre
associated with the election process and the General Secretariat, shall
identify the HIC Member organisations which are entitled to vote and elaborate
a list with their names and the names of their representatives. The EC shall
ensure that the calls for nominations, the communications with voters and the
voting process are carried out through reliable media channels.

33. Votes for the representatives of HIC Regions shall
be cast by email, ensuring the most complete level of participation of eligible
voters and with the support of online meetings and telephone calls.

34. The call on members to vote shall include the names
of the candidates, of the member-organisations they represent, of the
nominating members and a brief description of the candidates. The EC shall
distribute guidelines on the voting process to voters no less than three (3)
months before the end of the term of the outgoing representative.

35. Each organization member of HIC has the right to
one (1) vote. The EC shall respect all Members’ right to
a confidential vote and shall not disclose any specific Member’s electoral
choice. However, if a HIC Member raise an
objection to the result outcome, the Mediation Group shall have access to the
register of votes, in accordance with paragraphs 46 to 50 of this By-law.

36. Voting members should post their
mail-in vote no later than eight (8) weeks prior
to the end of the outgoing term. After a careful counting of votes on
the deadline date, the EC shall announce the
results as soon as possible. The Electoral Committee shall retain a copy of the
voting records for review or in case a recount is required further on by the
Members, in accordance with paragraphs 49 and 50.

Presidential Elections

37. The GS bears the responsibility for ensuring
conduct of the process for the election of the HIC President by calling for
volunteers Members among HIC Members to set up an Electoral Committee (EC),
which will be made up of one representative from each of the regions.

38. The Presidential EC shall conduct the elections
according to paragraphs 28 to 36 of this By-law and in compliance with Article
9 of the HIC Constitution.

Designation of the Representatives of Social Movements,
Women’s and/or Feminist Movements and Discriminated Groups and Minorities

39. The Board may define the representation of Social Movements, Women’s and/or Feminist
Movements and Discriminated Groups and Minorities by inviting an additional
representative of each group, after carrying out a careful assessment of
his/her qualifications, skills and interests and having conducted an exhaustive
research for potential invitees who could complement the current composition of
the Board and enhance the Coalition and its Members.

40. An invitation/appointment of a representative of
the mentioned movements in paragraph 39 or of an Associate Member of the Board
requires a two thirds (2/3) majority of the sitting Board Members to be
approved. The General Assembly must be informed of this decission.

41. Representatives of the invited Social Movements and
the Associated Board Member shall confirm in writing their acceptance as candidates before the
beginning of the designation process.

42. The term of representatives of Social Movements, Women’s and/or Feminist
Movements and Discriminated Groups and Minorities and of the Associated Board
Member shall be four (4) years, renewable once, and subject to the same
conditions (rights and responsibilities) as the rest of the Board Members.

Vacancy of a Board Member position

43. The office of Board Member shall be vacated in the instance of any of
the following events: (i) Upon the Board
Member’s formal notice, in writing, to the Secretariat, informing of her/his
resignation and explaining the reason. (ii) Upon the death or incapacitation of the Board
Member to fulfil the
inherent duties of his/her position. (iii) The severance of the Board
Member’s affiliation with the Member organization s/he represents. (iv) By a well-documented and
verifiable evidence of violation of HIC Constitution or By-laws or by failure
to subscribe to or act in accordance with the responsibilities of a Board
Member (see paragraphs 62 to 67 of this
By-law).

44. The HIC Members and Board Members can submit a
petition to the Board proposing removal of a Board Member for its evaluation.
The approval must be signed by at least three-fourth (3/4) of the disinterested Board members. This petition must be
submitted at least four (4) weeks before any regular or extraordinary Board
meeting. Notice of the petition for removal shall be delivered to the
Board Member proposed for removal at least two (2) weeks prior to the next duly
constituted Board meeting.

Said Member shall be given an
opportunity to be heard at the meeting prior to any vote on removal. The Board
may then vote and the removal of said Member will require the favorable vote of
three-fourths (3/4) of the disinterested present
Board members.

45. If a vacancy of an elected Board member arises as a
result of any of the causes described in paragraph 43 of this By-law, the
region affected by this vacancy shall elect a new representative to the Board,
as established in paragraphs 27 to 36 of this By-law.

Results, Validation of Election Results and Mediation Group

46. The new Member of the Board is the candidate who
has received the most votes. The replacement member shall be the second most
voted candidate of the opposite sex. The alternate is the candidate of opposite
sex who has received the next highest number of votes.

47. The responsible EC shall certify the validity of
the election of a Board member by verifying and documenting the participation
of a quorum of at least ten percent (10%) of eligible voting HIC Members in the
Structure or of eligible voting HIC members in HIC President Elections.

48. In the event of the election process being
inquorate, the EC shall inform the Board and all the voters who belong to the
relevant HIC Structure proposing a solution.

49. Any objection to the election procedure or results
shall be submitted in writing to the GS no later than one (1) month after the
elections have been held and with support of at least ten percent (10%) of the
eligible voters of the relevant region. A Mediation Group formed by a Board
member, a delegate of the EC and representatives of the parties analyzes the
objections raised and seek agreement for the validatation, or not, of
elections.

50. If, within two (2) months after the announcement of
results the election, no objection to the electoral procedure or outcome is
raised consistent with the conditions provided in paragraph 46 of the present
By Law, the election shall be validated.

Vacancy of
the President

51. The office of President shall be vacated in the
instance of any of the following events: (i) Upon the President’s formal
notice, in writing, to the Secretariat, informing of her/his resignation and
explaining the reason. (ii) Upon the death or incapacitation of the President
to fulfil the inherent duties of his/her position. (iii) The severance of the
president’s affiliation with the Member organization s/he represents. (iv) By a
well-documented and verifiable evidence of violation of HIC Constitution or
By-laws or by failure to subscribe to or act in accordance with her/his
responsibilities (see paragraphs 54 to 61 of this By-law). The GS shall make a
call for candidates and for an election process as soon as possible in
accordance with Article 9 of HIC’s Constitution and following the procedure
described in this By-law, providing that the balance of the term is of at least
two (2) years. If the remaining term of office is less than two (2) years, the
Board will appoint a replacement from among its Members to complete the term of
office.

52.
The HIC Members and Board Members can submit a petition to the Board proposing
removal of the President for its evaluation. The approval must be signed by at
least three-fourth (3/4) of the Board members. This petition must be submitted
at least four (4) weeks before any regular or extraordinary Board meeting.
Notice of the petition for removal shall be delivered to the President at least
two (2) weeks prior to the next duly constituted Board meeting.

The President shall be given an opportunity to be heard
at the meeting prior to any vote on removal. The Board may then vote and the
removal of the President will require the favourable vote of three-fourths
(3/4) of the present Board Members.

53. The GS bears the responsibility to ensure that the
process of removing the President from office takes place by making a call for
vote. to HIC Members with right to vote. Before casting their vote, these
organisations shall receive full information on the causes of the President
removal petition, signed by at least three quarters (3/4) of the Board Members,
as well as the opinion from the rest of the Board Members and the President
him/herself. The confirmation of removal requires the favourable vote of at
least twenty percent (20%) of current HIC Members, provided that at least ten percent
(10%) of HIC Member organisations of the regions approved by the Board
participate in the vote.

b. Responsibilities of the President

54. Representing the Coalition and being HIC
spokesperson on a global level.

55. Lead and orientate HIC declarations such as making
calls for solidarity or denouncing housing rights violations.

56. Chair the General Assembly and the Board Meetings.

57. Supervise the execution of the Board decisions and
be in permanent contact with the General Secretariat.

58. Attend HIC Reference Centres meetings and support
fundraising processes.

59. Attend events and campaigns of allies.

60. Being proactive when tackling specific problems of
the Coalition.

61. Provide the Coalition regularly with reports of
his/her activities.

c. Responsibilities of the Board Members

62.
Conducts and follow up HIC’s policy according to the needs and aspirations of
the Members that they represent.

63. Being
informed and proactive when defining HIC´s values and position.

64.
Attend and actively participate in HIC Board meetings and in regional or
thematic meetings of HIC members that they represent, as well as support their
fundraising processes.

65. Attend
events and campaigns of HIC allies.

66.
Participate and follow up decisions, commissions and Working Groups promoted by
the HIC Board.

67.
Provide with open letters regularly to the Members that they represent.

68. Once the annual General Assembly meeting is set,
hold a consultation among the Members they represent.

69. According
to the consultation outcomes,
participates in the General Assembly with the proxy of the Members he /
she represents, supporting the region’s interests.