Statut HAART – Human Assistance Awarness Research Trafficking

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HUMAN ASSISTANCE AWARENESS RESEARCH ON TRAFFICKING

(HAART)

THE CONSTITUTION

HAART – Human Assistance Awarness Research Trafficking

W dosłownym tłumaczeniu: Handel Ludźmi Pomoc Uświadamianie i Badania

Statut HAART (wersja angielska)

March 2010

1.0 PART I

1.Article I – NAME AND OFFICE

The name of the organization (hereinafter referred to as Human Assistance Awareness Research on Trafficking (HAART) shall be

Registered Office of

will be;

C/O P.O Box 26352-00504 Nairobi, Kenya

Tel: 0723 281 191

Email: haart.kenya@gmail.com

BANKERS

EXTERNAL AUDITORS

Nomination of the External Auditors will be determined by the Board hereinafter referred to as Board of Directors and approved year in year out.

2.0 PART II – OBJECTIVES

1.Article II – Vision

The HAART vision is to see Kenya and other countries of Eastern Africa free from trafficking in persons and sexual violence where every woman, man, girl, boy and child live a life of human dignity in solidarity and attain a fuller life.

2.Article III – Mission

The HAART mission is to conduct activities that will eradicate human trafficking and sexual violence. This will be done mainly by empowering people at the grass–root level through awareness campaigns.

An integral part of this mission is to conduct action-oriented research on human trafficking so that the civil society as well as the wider public may come to better-informed action for the transformation of society. It strives to make use of the victims as data collectors and to give feedback of the results to the affected communities and make them subjects of their lives and involve them in action for transformation.

The HAART is also intending to provide assistance for the victims of human trafficking and sexual violence including protection, education, empowerment and medical help. In so doing the HAART is like a voice for the voiceless but also hopes to enable them to find their own voice.

3.Article IV – Objectives

Core Objective:

To eradicate trafficking in persons and sexual violence in Kenya and its environs

Other objectives include:

To provide assistance to the victims of trafficking in persons and sexual violence.

To promote awareness in the society of Kenya and its environs on the issue of trafficking in persons and sexual violence.

To conduct action oriented research on the nature of trafficking in persons.

3.0 PART III – MEMBERSHIP AND DECISION MAKING organs

3.01 Article V – Membership

HUMAN ASSISTANCE AWARENESS RESEARCH ON TRAFFICKING (HAART) will have two categories of Membership:

Corporate Membership:

Open to civil society organizations such as NGOs, CBOs, ROs and research institutes among others which share HAART vision/ideals and which work in the areas of environmental education, governance and social policy that promotes environmental sustainability. Corporate membership will be open to any organization working on the same thematic areas subject to the criteria laid down by the Board.

Associate Membership:

Open to individuals who are doing research, civic and advocacy work in HAARTs’ core areas of business/programs and identify with the goals of the National Chapter. Individual members will also be limited to a maximum number of fifteen (15). Requirements for membership will be:

o A member shall dully register with the NGOs Registration Bureau and the Ministry of Social Services and have been operational for a period of two years.

o Must pay for the membership subscription as required by the constitution.

o Shall be individuals who subscribe to the ideals of HAART and have the required competencies which will support in realizing the coalitions’ objectives.

Removal from Membership:

The subscribers to this constitution and such other persons and or organizations as the Board may admit from time to time as members of HAART, the membership being not less than twelve persons/organizations, shall be members, and only cease to be members when;

(i) he/she gives one month notice in writing to the Board of his intention to resign from membership. However this will be subject to determination of the board.

(ii) he/she is removed from membership by the vote of less than two-thirds of HAART members in a General Meeting. In this case the affected member must be given a reasonable opportunity to be heard.*

3.02 Article VI –

Secretariat

(i) There shall be a Secretariat of HUMAN ASSISTANCE AWARENESS RESEARCH ON TRAFFICKING (HAART) charged with the day to day running of the Organization.

(ii) The Board will establish from time to time the number of employees in the Secretariat and shall fill the vacancies according to programme needs and availability of funds.

(iv) The remuneration and duties of the secretariat staff shall be determined by the Board.

(v) The secretariat shall be headed by a Country Director or Programmes Manager, who will be responsible for fundraising, programmes development/management and resources including staff.

3.03 Article VII – General Assembly (GA)

(i) The General Assembly (GA), which consists of all registered members of HAART, shall meet at least once a year.

(ii) The GA shall: –

a. Decide on all questions of policy, touching on the activities of HAART and give any necessary instructions to the Board on matters of policy and programmes.

b. Approve the general programmes and plan of action for each year.

c. Elect the Management Board during its general meeting when it is time for elections (every two years).

d. Terminate the appointment of any member of the Board on grounds of inability, incompetence or misconduct.

e. Effect any necessary amendments to the provisions of this Constitution.

f. Receive and discuss the audited accounts of HAART

g. Have the powers of dissolving HAART or any of its branches and deciding thereafter winding up of its affairs.

h. Approve management guidelines/regulations and operational rules of HAART and its branches as recommended by the Board.

(iii) In any matters where voting is necessary and in the event of a tie, every effort shall be made to reach a consensus, failing which, the Chairman shall have a second or a casting vote.

iv. To establish a Secretariat and such other bodies as it shall deem fit, for the furtherance of the objectives of HAART and its day-to-day operations.

v. All normal General Meetings shall be convened by the chairperson of the Board, acting in close consultation with the secretary.

3.04 Article VIII – Management Board

Until otherwise varied by a resolution of the Board of Directors, the board shall

Consist of a minimum of five and a maximum of seven persons. Office bearers of the board shall be; the Chairperson, secretary and Treasurer. The main functions of the board will be policy and programmes development, political leadership and fundraising.

3.05 Article IX – Appointment of the Board

The first members of the Board shall be appointed to be the subscribers of this constitution until otherwise decided by the first Board Meeting, which should be held one year after registration of Human Assistance Awareness Research on Trafficking (HAART). However the board at any time can only serve for a maximum of two terms of two years each, subject to review by the Board Members. In case of vacancy before the first Board meeting, the Board may appoint, by way of addition to the Board any member provided that the maximum is not exceeded. For the purpose of consistency and institutional memory, two key officials and members of the board shall be replaced every two years.

The current Board is as follows:

1. Chairman

2. Vice Chairman

3. Treasurer

4. Secretary

5 Member

6. Member

7. Member

8. Member

Sub-committees

There shall be established as need arises sub-committees of the Board. All the sub-committees will be answerable to the Board and Executive Director/Programs Manager, who will be a co-opted member of the Board, shall be an ex-officio member of all the sub-committees.

3.06 Article X- Overall Responsibilities of the Board

The Board, headed by the Chairman, is the policy-making body, exercising the ultimate authority in the administration and management of HAART. The Board has the task of providing direct supervision to all HAART programme activities; can enter into external contract and relations, offer general guidelines, including approval and authorization of payments and procurement of services and supplies.

The Board shall, through the Executive Director/Programmes Manager: –

iii. Ensure that any payments made by cheques have been signed by authorized signatories.

iv. Be responsible for the custody of all moneys belonging to HAART and banking all funds at the earliest opportunity.

v. Ensure that authorized signatories sign all negotiable instruments and order for goods or services.

vi. Ensure that conditions stipulated in all agreements in regard to projects entered into by HAART and the sponsoring Donors are adhered to the letter.

The Board shall hold regular meetings at which:-

vii. The minutes of previous meeting shall be considered and confirmed.

viii. The accounts, bankbooks and cash in hand shall be scrutinized and checked and the committee’s observations recorded in the minutes.

ix. The projects progress reports will be tabled including projects work plans and budgets. The deliberations on the projects reports to include evaluations, considerations and approvals of work plans/budgets. The reports should highlight problems encountered when implementing projects between factors concerning HAART, the target groups or other parties involved, and external circumstances (e.g. political and economic developments, natural disasters, social conflicts etc) and overall general review of project activities.

x. Any current business shall be considered as it is introduced.

The Board shall cause to send/present:

a.As required by project agreement:

xi. Progress (narrative) and financial report to the sponsoring Donors or interested parties.

b. Annually:

xii. Progress (narrative) and financial report to the sponsoring Donors.

xiii. NGO’s Registration Bureau.

xiv. Present to the members at an Annual Board Meeting (ABM) the projects narrative and financial report for consideration and adoption.

xv. Present to Members at the ABM an estimate of income and expenditure for the ensuing year with detailed work plans and budgets.

The Board shall always keep available for inspection at the registered/operational office:

a.Certificate of Registration;

b.Copy of NGO’s Act, Rules and HAART rules of operations and or constitution;

c.List of members and;

d.A list of officers and members of HAART staff.

In the conduct of affairs of HAART, the members of the Board shall exercise the prudence and diligence of ordinary men of business and shall be held collectively, personally and individually responsible for any losses sustained through any of their acts which are contrary to the NGOs Act and the operating rules of HAART or the direction of any general meeting of members.

3.07 Article XI – Delegation of Duties of the Board

HAART’s Executive Board hereinafter referred to as (Management Board) may delegate any of its duties to a select Committee hereinafter referred to as (Working Committee), the Executive Director/Programme Manager or any officer of HAART.

General Assembly shall be held to absolve HUMAN ASSISTANCE AWARENESS RESEARCH ON TRAFFICKING (HAART) Board from its responsibility for the proper and business like direction of the affairs of HAART.

Note; organizational structure is attached as an appendix. All the appendices thereto form part of this constitution.

3.08 Article XI – Duties of Office Bearers

The Chairman

The Chairman of the Board shall:-

(i) Preside over the meetings of HAART General and Special Assemblies as well as those of the Management Board.

(ii) Represent and act on behalf of HAART within and outside Kenya as the board may advise.

iii. Do all such acts as are necessary for the efficient and effective running growth of HAART.

The chair is free to delegate any of these functions to any member of the board.

The Secretary

Secretary shall be the secretary to HAART and in that capacity shall:-

(i) Keep a full and up-date record of the Organization’s affairs including a membership registered which shall be open for inspection by any member of HAART.

(ii) Keep minutes of the meetings of the Board and of the General Meetings.

(iii) Arrange for the meetings of HAART on the instructions of the Executive Board or in special circumstances on the instructions of the Annual General Meeting.

ii. In liaison with the Executive Director/Programmes Manager, be in charge of development, fundraising and management of programmes of HAART at the board level.

Treasurer

Shall be responsible for the efficient administration of HAART and shall:-

(i) Provide reports on the financial status of HAART and the audited accounts annually to the meeting of the General Assembly and to the board on a quarterly basis (status report only for board meetings).

(ii) Cause to be kept properly all financial records of HAART.

4.0 Article XIX – Amendment to the Constitution

Subject to the NGO regulations, this constitution may be modified or changed as members may deem fit.

Dissolution and Disposal of Property

The organization shall not be dissolved or wound up except by a resolution passed at a General Meeting of the members by votes of two-thirds of the members present. The quorum at the meeting shall be fifty percent of all the members of the organization.

If no quorum is obtained, the proposal to dissolve or wind up the organization shall be submitted to a further General Meeting, which shall be held a month later. Notice of this meeting shall be given to all members at least 14 days to the date of the meeting. The quorum for this second meeting shall be the number of members present.

The organization will not dissolve itself without prior consent in writing from the NGO Coordination Bureau obtained upon writing application addressed to the Executive Director of the NGO Coordination Board and signed by the three of the officials of the organization. Upon dissolution of the organization, its remaining assets shall be distributed to other organization/s with similar objectives.

Signed this —— day of ——, 2010

Chairperson _______________________________ Sign ____________________

Secretary_________________________ Sign ___________________

Treasurer _________________________________ Sign ____________________

Appendix I: PROCEDURES AND OPERATIONS MANUAL

A manual spelling out clearly some of the major administrative and financial procedures and routines is an important tool in the efficient running of the activities of HAART programmes.

1.0 The objectives of this manual are to:-

o Provide appropriate, safe and manageable procedures and accounting for project(s) funds;

o Set up routines that ensures appropriate utilization of project(s) funds and resources with adherence to Donor requirements;

o Institute procedures for financial and projects activities reporting, meeting both requirements of the Board of Directors and sponsoring Donors.

o Involving staff/members in setting up appropriate financial procedures.

2.0 Responsibilities and Administrative Procedures

This section deals with those arrangements of administration that will ensure efficient utilization of resources in order to fully realize the objectives of HAART programmes and activities. The routines and procedures outlined below must be read and applied in conjunction with the other sections of this manual. The section is presented under the following main headings:-

o Responsibilities and meetings

o Authorization of expenditure

o Staff administration, discipline and payment of salaries.

3.0 Authorization of Expenditure

Authority to incur expenditure lies with the Executive Board through the National Chairman. Programme expenditure shall be authorized only when they fall within the programme budget and work plans.

For all major purchases, quotations shall be obtained from several potential suppliers. The secretariat will be expected to keep a list of suppliers and other service providers from time to time.

Suppliers shall be selected on the basis of price, timelines, quality or a combination of these considerations by the Chairman depending on the amount involved.

4.0 Payment

Payment voucher shall be used for recording, approval and authorization of all payments.

Payments by cheques shall be signed by two of the three authorized signatories, but the Secretary has to be one of the two.

All payment vouchers shall be supported by supplies invoice, cash sales, petty cash requisitions e.t.c.

A payment vouchers file shall be maintained for filing all payment vouchers.

The paid payment vouchers shall be sequentially numbered and filed, and those numbers cross-referenced to the analysis cashbook.

5.0 Petty Cash/Standing Imprest

A petty cash float of not more than Kshs. 5,000/= will be maintained to meet daily sundry expenses/payments.

The petty cash shall be kept by the Accountant/Secretary.

A petty cash Voucher shall be kept for recording, approval and authorization of payments. A petty cash book shall be maintained for recording petty cash expenses payments.

Reimbursements of petty cash imprest shall be done on requisition by the Accountant/Secretary and approved by Executive Director/Programmes Manager, who will check and verify the balance of the float against actual expenditure.

A petty cash vouchers’ file shall be maintained for filling all paid petty cash vouchers.

Petty cash vouchers shall be sequentially numbered and filed and numbers cross-referenced to the petty cash book entries.

The petty cash book shall be balanced weekly and the column totals posted to the relevant ledger books.

6.0 Motor Vehicle Running Expenses

Day-to-day vehicle running expenses such as fuel and minor repairs shall be paid out of the petty cash. The vehicle use/driver shall write a temporary petty cash voucher for payment for approval by the Accountant through the Executive Director/Programmes Manager.

Major vehicle repairs payments will be made by cheque to recognized dealers whose quotations had been obtained, approved and Local Purchase Order raised for services to be provided.

7.0 Stores for Supplies and Equipment

For purposes of economies of scale, office supplies, spares and other consumable materials may be purchased in bulk.

The amount spent as in 3.0 above shall be written off as expenses for the period.

Items in stock shall be subject to control by the Finance Officer.

Stores shall be procured against payment Vouchers, and Purchase Orders duly authorized by the Chairman and or a designated member of the Executive Board, and the Finance Officer/National Chairman shall show evidence that quantities in stock have been properly used and exhausted.

8.0 Staff Administration, Discipline and Payment of Salaries

All officers of HAART will be issued with letters of appointment setting out their consolidated salaries/allowances and other terms and conditions of service.

In addition all staff will be provided with a detailed job description outlining the responsibility of one’s position. Both the employee and the Chairman will sign the job description or National Chairman’s Executive Director/Programmes Manager to confirm mutual understanding and acceptance of the duties contained there in.

Each officer will have a personal file maintained by the Administrative Officer where copies of his / her letter of appointment and other personal data will be kept.

Salaried/paid officers of HAART unless otherwise categorized, will be subjected to applicable statutory deductions.

Salary payments to officers will be made at the end of each calendar month. Monthly salary payment vouchers will be prepared for signing by staff of receipt of salary cheque / cash.

Over-time: Given the nature of HAART’s activities there could be no claim for overtime work however; this will require the approval from the National Chapter’s Secretary.

8.01 Salary Advances:

(i) Mid month salary advances may be extended to officers on approval by the Executive Director/Programmes Manager and the same to be recovered in full at the end of the current month.

(ii) In case of other needs, salary advances equivalent to one month’s salary recoverable within six months may be granted to an officer on application for approval by the National Chairman on the recommendation of the Administrative/Finance Officer.

8.02 Hours of Work

Monday to Friday – 8.00 a.m. to 1.00 p.m.

– 2.00 p.m. to 5.00 p.m.

Saturday – staff may be asked to report on special assignments.

Sunday, Public Holidays – No work.

8.03 Categories of Officers

The officers of HAART will be categorized as follows:-

A. Executive Director/Programmes Manager as head of all programmes and secretariat.

B. Finance and Administration Officer as the head of finance and administration

C. Programme Officers as in charge of respective activities/programs.

D. Accountant in charge of the accounting systems for the organization

E. Programme Assistants to assist the Programmes Officer in the implementation of his/her duties.

F. Secretary, Office Assistant, Driver/s, and day/night guards

Medical Allowances

HAART staff will be considered for medical cover once funding of staff salaries becomes constant and assured. However, HAART staff is entitled to join any medical scheme, details of which will be worked out by the board.

Per Diem

(a) Per Diem (at rates applicable as per defined categories) will be paid to officers who travel on duty and spend the night outside their location of work subject to prior approval of travel and in fulfillment of approved work plans. If overnight stay involves traveling all night (either in a bus or train) and not staying in a hotel, the actual expenses will be paid for that particular night. This will include dinner, breakfast, bedding and reasonable refreshment.

(b) Given the varying costs of accommodation and meals at different locations in different towns in the country, per diem rates have been established and classified as follows, subject to review by the board from time to time:-

Ksm/Nrb/Mbs other destinations

KShs. KShs.

Night Out 3,500 2,500

Day Out 1,000 1,000

Travelling

The approved means and mode of travel is by Public means (road). As far as practicable, travel fare receipts will have to be produced for reimbursements. However, depending on circumstances and nature of assignment personal or office vehicle could be used upon authorization by the Programmes Manager.

In exceptional circumstances, flat rate approvals for travel will be given.

In such cases the following flat travel rates will apply for single way:-

Category Ksm/Nrb/Mbs within a District within a Division

But outside a division

KShs. KShs. KShs.

1000 300 150

Traveling outside Nairobi and outside the country including within the destination Districts will have to be specifically approved by the Board for Executive Director/Programmes Manager and applicable rates decided at the time and by the PM for other staff.

9.0 Accounting, Amendment and Dissolution

Books of Accounts

The following books of accounts and documents will be maintained on a daily basis

(a) Cash book with adequate analysis column for recording and analyzing the receipts and payments as they occur.

(b) Daily imprest book e.t.c.

(d) Register of fixed assets

(e) Stores register

(f) Cash receipt books

(g) Payment vouchers / petty cash vouchers and files

(h) Local Purchase Order books

(i) Workshop / Seminar attendance registers

(j) Motor vehicle running returns.

Payment Voucher

Payment voucher form shall be used for all payments out of the main cash book either by cash or cheque. All these to be consecutively numbered and filled in payment voucher files.

Petty Cash Voucher

Petty cash voucher form shall be used for recording, approval and authorization of petty cash payments. All these will be recorded in a petty cash book and filed in petty cash voucher files and be consecutively numbered.

Stores Register

The Finance Officer shall maintain a stores register to record the movements of supplies giving details of item date, transactions, unit cost, quantity in / out and balance.

Motor Vehicle Running Returns

The driver shall submit Monthly Vehicle Returns (MVR) form to the Accountant in the sample form shown in Appendices.

Fixed Assets Register

The Finance Officer shall maintain an up to date register of assets expected to last more than a year, giving full particulars of their identification numbers or features, and their actual costs / or estimated values and locations. This will include the following when applicable:-

· Motor Vehicles

· Motor Cycles

· Bicycles

· Computers/Printers/Scanners

· Typewriters

· Photocopiers

· Fax Machines

· Telephone Heads

· Tables/Chairs/Tools

· Cabinets

· Safe Boxes

· Others

Each of these assets shall be under the responsibility of an authorized individual who shall be responsible for their safety and appropriate use. Appropriate insurance policies shall be taken for theft, fire, and accident e.t.c.

In the case of motor vehicles and cycles, statutory requirements for insurance and licenses shall be complied with. A log book shall be maintained for each motor vehicle to record distances traveled. Each journey should be initialed by a senior official e.g. National Chapter’s Secretary, Administrative/Finance Officer.

Workshop / Seminar Attendance Register

A register of members / participants attending a workshop / seminar will be maintained against which each participant will sign and his / her particulars, including national identification card number recorded.

A payment voucher shall be prepared for signing by participants attending a workshop / seminar against the amounts reimbursed to them for traveling, meals e.t.c. while attending the seminar / workshop.

10.0 Reporting Routines

Financial Management Reports

The Administrative/Finance Officer shall make monthly financial statements of HAART for submission to the Board (quarterly) to facilitate regular monitoring of performance.

The monthly financial statement will be prepared on the basis of main budget lines and will indicate comparison of actual income/expenditure against approved budget and will incorporate reconciliation statements of all bank statements.

Explanations will have to be given on balances between actual and budget lines by way of report to the Executive Board.

It will be the duty of the ED/PM to table the monthly financial statements before the Executive Board.

Narrative (Non-financial) Reports

Programme Officers (POs) shall make monthly, quarterly, half yearly and annual reports on broad technical, managerial and financial activities of their respective activities of the Programme to the ED/PM who will in turn make a global report for consolidation with the financial reports.

Half-yearly and Annual Reports

The ED/PM/Administrative/Finance Officer shall coordinate and cause to be prepared one consolidated half yearly report consisting of two parts, narrative progress report and financial report to sponsoring donors. These should cover the same period as they are closely connected (the progress report referring back to the financial report and vice versa).

The reports should be as concise as possible but without omitting or simplifying essential information. Incase of longer reports there should be a summary of at most 10 pages, which should make it possible to understand the report without referring back to the main report.

The reports should be submitted not later than 3 months after the end of the period covered by the report i.e. Interim reports as at 30 June to be submitted not later than 30 September; Annual report as at 31 December to be submitted not later than 31 March. The Board shall ensure that the half-yearly and annual reports stipulated in 6.06 above are sent / presented to the relevant interested parties in time.

Financial Year

The financial year of the organization shall begin on the first day of January each year and end on the last day of December each year. Or at such other time the Board may from time to time determine.