Statute of IKOHI

THE STATUTE
OF THE INDONESIAN ASSOCIATION OF FAMILIES OF THE DISAPPEARED (IKOHI)

PREAMBLE

The recognition on basic human rights and freedom is a strong foundation to realize the independence, democracy, and justice. The term of human rights and basic freedom here does not solely concern on norms but belongs to individuals by virtue of their being human. It is not given by the state nor the people, either.

Nowadays, human rights norm protections have been recognized and accepted as a general standard by all nations. As part of the world community, Indonesia has committed and bound itself to it.

In building and developing its people and as a prerequisite to the creation of lawful, democratic and lawful countries, we proclaimed the establishment of Indonesian Association of Families of the Disappeared -known as IKOHI – as an association for the families whose members became the victims of enforced or involuntary disappearances perpetrated by the state because they stood against the ruling regime for defending political, social, economic, and cultural rights. IKOHI also serves as an organization for the victims of crime against humanity in Indonesia.



CHAPTER I
Article 1
General Principles

(1)
Definition of Human Rights Violations


Human rights violations mean any acts committed with or without intent to minimize, limit, and/or abolish the basic human rights of a person or a group of people protected under the declaration of human rights and other covenants of human rights.

(2)
Definition of Enforced Disappearance of Persons

"Enforced disappearance of persons" means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time. (As stated in the United Nations Declaration of Protection on All People from Enforced and Involuntary Disappearance)

(3)
Definition of Victims

"Victims" means persons who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that are in violation of criminal laws operative within Member States, including those laws proscribing criminal abuse of power. (Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, Adopted by General Assembly resolution 40/34 of 29 November 1985)


(4) Definition of the Victims of Enforced Disappearances
Victims of enforced disappearance are those who directly subjected to the commission of enforced disappearances as defined in Article (2).

(5)
Definition of Human Rights

Human rights means the rights individuals are said to have as human beings and as God’ creation and shall be highly respected and protected by the State, law, government, and every man in respect to the protection of the human dignity. (Article 1, Paragraph 1, Law No. 26/200..). Human rights are universal rights held to belong to individuals by virtue of their human beings, and they shall not be violated, ignored or eliminated by any man, but respected and protected. (Laws on Human Rights No. 39/1999)


CHAPTER II
NAME AND FORMATION

Article 2
NAME OF ORGANISATION

This association is named Ikatan Keluarga Orang Hilang Indonesia (IKOHI)


Article 3
IKOHI is an association.


CHAPTER III
VISION AND MISSION
Chapter 4
VISION
To create unity, solidarity among and justice for the victims of human rights violations in order to create just and democratic society

Article 5
MISSION

1. To build up solidarity and unity among the victims of enforce disappearance and other human rights violations;
2. To become an organization for the sovereignty and fight of victims in enforcing the human rights;
3. To fight for the elimination of cases on human rights violation;
4. To strengthen and develop the victims’ potentials in economic, social, political and cultural aspects;
5. To fight for the creation of just and democratic society.


CHAPTER IV
PRINCIPLE, CHARACTERISTICS AND OBJECTIVES

Article 6
PRINCIPLE

IKOHI is established based on the Declaration of Human Rights (DHR), the Covenant of Civil and Political Rights, The Covenant of Economic, Social, and Cultural Rights; the United Nations Declaration of Protection on All People from Enforced and Involuntary Disappearance (UNDPAPEID); and humanity in the name of truth and justice in respect to law.


Article 7
CHARACTERISTIC

IKOHI is independent.


Article 8
OBJECTIVES

To build up solidarity among the victims in order to raise, develop and internalize the meaning of and respect to the values of human rights in general and increase the awareness towards their rights and responsibilities in particular as the subject of law;
To build up solidarity among the victims to continuously and actively ask for the state responsibility concerning all cases of human rights in Indonesia;
To internationally build up solidarity among the victims.

CHAPTER V
MEMBERSHIP

Article 9

IKOHI membership is basically individual, voluntary, and open to all Indonesian citizens who has fulfilled the following requirements: agree with the IKOHI Statute and By Laws and all rules and regulations and willing to do all efforts established by the association.
The members of the association are the victims as stated in this Statute and those whose names have been listed as the members of the association.
All members are notified at the same time IKOHI regional conference is held.



BAB VI
RIGHTS AND REPONSIBILITIES OF THE MEMBERS

Article 10

All members in IKOHI Association have the right to:

a. Participate in every activity conducted by IKOHI;
b. Access information on every activity conducted by IKOHI;
c. Have freedom in speech and stating opinions orally or in written form;
d. Actively articulate their opinion in the process of making decision in all meetings held by IKOHI;
e. Elect and be elected;
f. Receive membership card and protection from the organization.

Article 10

All IKOHI members, with no exceptions, shall:

1. highly respect the principles, objectives and goals of the association;
2. obey all terms and conditions stated in the Statute and By Laws according to the mechanism of the association;
3. exercise all policies and decisions determined by persons in charge of the association mandated by the Congress or for certain conditions which are not yet mentioned in this Statute and By Laws and other rules of the organisation;
4. pay membership fee.


CHAPTER VII
TERMINATION OF MEMBERSHIP
Article 12

Membership in IKOHI is terminated when a member:

1. resigns voluntarily,
2. passes away,
3. has been suspended as stated by the regional conference whose rules and conditions are further explained in By Laws.

CHAPTER VII
STRUCTURE OF ORGANIZATION
Article 13

IKOHI association consists of Congress, IKOHI Presidium, Working Body and all its organizations in each region.

CHAPTER IX
Article 14
CONGRESS

Congress has the highest sovereignty in IKOHI association.
Congress is held at least once in three years.
Congress can be held and considered legal if attended by at least two-third of all representatives of regional organisations.
The coordinator and the group in charge of the Congress is the IKOHI Working Body.

Article 15
CONGRESS’ AUTHORITIES

Congress is authorized to and responsible for

revising Statute and By Laws
determining the Outlines of Programmes
Choosing and electing the Chairperson and General Secretary
Making and determining the organizations’ resolutions


Article 16
EXTRAORDINARY CONGRESS

In certain situation, Extraordinary Congress can be held.

Article 17
Terms and conditions to hold the Exceptional Congress:

The chairman of IKOHI is permanently absent.
IKOHI Presidium states that the Working Group has been indicated violating the Congress mandates.
Two-third of the regional organization members make an initiative in written form.
The coordinator and the Extraordinary Congress in charge is the Presidium.


CHAPTER X
IKOHI’s PRESIDIUM
Article 19
IKOHI’s presidium consists of one representative for each region, one chairperson and one general secretary.
The congress delegates organization in each region to hold the election for its members of Presidium.
Membership in presidium shall last in three years.
Organization in each region has the right to reshuffle the member in IKOHI’s presidium representing the region.

Article 20
RESPOSIBILITIES AND AUTHORITIES

1. Presidium is responsible to supervise the implementation of congress mandates by the Working Body.
2. Presidium also accommodates aspirations from organization in each region.
3. Presidium has the right to give advice to the Working Body concerning supervise the implementation of congress mandates.
4. Presidium has the right to establish ad hoc Ethical Committee to solve any violations of the Statute and mandates of IKOHI Congress by any member and or regional organization as recommended by the Working Group.
5. All decisions made by IKOHI Presidium are based on the agreements made during the Presidium Meeting.
6. Presidium holds a meeting at least once a year.
7. Presidium meeting is in quorum if attended by two-third of its members.
8. IKOHI Presidium is responsible to the Congress.


CHAPTER XI
Article 21
ETHICAL COMMITTEE

1. Ethical Committee is temporary and established based on the agreement in Presidium Meeting.
2. Ethical Committee consists of three persons who are elected by the Presidium.
3. If needed, Presidium may elect anyone capable from another IKOHI organization in the region to sit in Ethical Committee.
4. Ethical Committee is responsible to the Presidium.

Article 22
RESPOSIBILITIES AND AUTHORITIES

Ethical Committee is responsible to solve problem and disputes as mandated by the Presidium.
Ethical Committee has the authority to make a forum to exercise mandates given by the Presidium.
Ethical Committee shall report its work results to the Presidium.

CHAPTER XIII
WORKING BODY
Article 23

Working Body is lead by one chairperson and one general secretary elected by the Congress.
Working Body is in charge of running the organization and making daily work reports.
In doing its responsibilities, the Working Body has the right to equip its organization.

CHAIRPERSON
Article 24

1. The chairperson is responsible to lead IKOHI in building its relations with other organizations.
2. The chairperson leads meetings held by IKOHI Working Body.
3. The chairperson represents the Working Body in Presidium meeting.
4. The chairperson makes joint working agreement with any groups of individuals who support the victims’ fight for justice.


GENERAL SECRETARY
Article 25

General Secretary shall coordinate divisions within the Working Body.
General Secretary shall coordinate regional organizations.
General Secretary represents the Working Body in Presidium Meeting.

CHAPTER XIII
REGIONAL ORGANIZATION
Article 26

1. Regional organization is an organization mandated by IKOHI Congress in region level.
2. Regional organization can be established by the victims.
3. The establishment of new regional organization is under the authorization of the Presidium.
4. Regional organization is located in certain areas.
5. Regional organization consists of at least one chairman, one secretary, and one treasurer.
6. Regional organization shall be represented by one coordinator when the number of its members has not reached all positions in the organization structure.
7. Regional organization has the right to sit one representative in Presidium.
8. Regional organization makes coordination with the Working Body General Secretary.



CHAPTER XIV
MEETINGS
Article 27

IKOHI meetings consist of:

IKOHI Presidium meeting
Working Body meeting
Regional Organization meeting


PRESIDIUM MEETING
Article 28

1. Presidium meeting is held once a year unless it is urgent.
2. Presidium meeting is in quorum if attended by two-third of its members.
3. Presidium meeting may establish Ethical Committee when needed.

WORKING BODY MEETING
Chapter 29

1. Working Body meeting is to coordinate all members within the Working Body and held at least once a month.
2. Working Body meeting is directly lead by the chairperson or the general secretary.
3. All decisions made and the minutes in Working Body meeting shall be socialized to all Regional Organization.
4. Working Body may invite representatives from regional or other organizations.


REGIONAL ORGANIZATION MEETINGS
Article 30

Regional organization meeting is a coordination meeting which is held at least once a month.
Regional organization meeting formulates and decides programmes in regional level.
Regional organization meeting is lead by the Chairperson or the elected person.
All decisions made and the minutes of regional organization meeting shall be socialized to the Working Body.
Regional organization meeting elects and certified members.
Regional organization meeting has the right to choose a representative to sit in the Presidium.
Regional organization meeting has the right to withdraw its representative in the Presidium if s/he violates principles of the organization.
Regional organization meeting can be attended by Working Body or representatives from other organizations if needed.




CHAPTER XV
FORMS OF FINANCIAL SOURCES
Article 31

IKOHI support finance are from:

1. membership fee and donation arranged by the Regional Organization;
2. grant and donation from individual, institution or other organizations without no bounds;
3. fund raised officially, open and not against the law;
4. grant and other lawful donation;
5. other donation and grant from international institutions with no bounds and not against the Statute.
6. other legal sources which are not against IKOHI’s principle, objectives and goals.



CHAPTER XVI
REVISIONS ON STATUTE
Article 32

Revisions on Statute shall be made in Congress.

Article 33

The Statute can be revised if approved by at least two-third of the members attending the Congress.



CHAPTER XVII
DISMISSION
Article 34

1. IKOHI can only be dismissed with the written notification of at least two-third of its member submitted in written form with clear arguments and approved by the Congress.
2. If IKOHI is dismissed, the Working Body is responsible to do liquidation considering the exceptions issued by the Congress.

Article 35

If IKOHI is dismissed, all its audited properties shall be submitted to the parties authorized by the Congress or the head of the relevant institutions and/or to the society where the properties are.


CHAPTER XVIII
CLOSING
Article 36

Any necessary measures which are not stated in this Statute will further be explained in other regulations signed by the Working Body.


Approved by the 2nd Congress of IKOHI in Makassar, South Sulawesi on March 9th, 2006