CONSTITUTION OF THE SIYM INTERNATIONAL [SI]
CONTENT
1.0 PREAMBLE
1.1 DESCRIPTION
1.2 SOCIAL ASPECT
2.0 ARTICLE I: THE NAME
3.0 ARTICLE II: AIMS AND OBJECTIVE
4.0 ARTICLE III A: BENEFICIARIES
4.1 ARTICLE III B: VOLUNTEERS
5.0 ARTICLE 1V A: BOARD OF DIRECTORS
5.1 ARTICLE IV B: DUTIES AND RESPONSIBILITIES OF THE OFFICIALS
6.0 ARTICLE V: OFFICIALS/TRUSTEES
7.0 ARTICLE VI: FUNDS
8.0 ARTICLE VII: AUDITOR
9.0. ARTICLE VIII: FORMATION OF BRANCHES & AFFILIATES
OF SI
10.0 ARTICLE IX: BY LAWS
11.0 ARTICLE X: AMMENDMENTS OF THE CONSTITUTION
12.0 ARTICLE XI: INSPECTION OF ACCOUNTS
13.O ARTICLE XII: DISSOLUTION OF THE SI NGO
1.0 PREAMBLE
In a world of dramatic changes and paradigm shift – in globalization, technology, economy, social systems and human values – this NGO attempts to contribute to the welfare and social productivity of future generations of the less privileged, both young and old, in five interrelated areas of human competence and potential: human development, literacy, conflict resolution amongst the belligerent communities, food relief and its security to the hungry natives, culture literacy and computer literacy. It is on these issues that we are undertaking such a project that will go along way in wealth creation and thus bring about social and economic regeneration since we have included projects that are also oriented towards creating self reliance and sustainability, rather than A relationship of dependency and disempowerment. Our main concern is to bring people to their innate potentiality and to create a culture of inter-dependency even among our beneficiaries in the long run. Majorly intended to create systems: educational, economical, social and financial. This project is first registered as community based organization (cbo) – Registration No. SS/MSA/CD/SH/04/585 with the Ministry of Gender, Culture, Sports and Social Services of the Government of Kenya. Meanwhile on registration for the NGO.
1.1 DESCRIPTION
THE SI CENTRE:
1. Shall be for human development, literacy and a center for behavioral change even on preventive educational programs on AIDS and other deadly diseases.
2. A peace initiative center to arbitrate on solving and preventing conflicts within the warring African communities.
3. Co-ordinate food reliefs and its security to the drought and warring regions in Kenya, Somalia, Sudan and other countries.
4. Shall emphasize on training and counseling for the children, youth, widows, and orphaned and elderly persons.
5. Shall be guided by respect for the future: the spiritual, cultural and religious traditions and values of human kind but in essence offering the best alternative without the spirit of criticism.
6. Shall be concerned with individual development and corporate development.
7. Shall be informative on gender balance, good governance, environmental issues, healthcare and educational purposes.
8. Shall be involved in drilling of boreholes in arid and semi-arid places in conjunction with relevant organizations.
9. Shall act as advisory center and a conduit of the development assistance.
10. Shall invest in corporate social responsibility.
1.2 SOCIAL ASPECT
There has been a need to redirect the future of the children and youths in Kenya who have been excluded from the benefit of social development by investing in their human development and productive capacity. Even our old people have been brought up by the spirit of competitiveness instead of corporate responsibility.
This project is a novel approach to creating social and economic opportunities for youth that builds on basic principles of healthy youth development and fosters partnership with various youth-serving institutions that provide social support and growth opportunities for young men and women. These include schools, vocational learning centers, recreational clubs and potential employers. The ultimate goal of the initiative shall be replicated in several urban and rural settings in Kenya and other countries where young people live in conditions of marginality and social exclusion. This enhances their employment by developing their skills which will increase their chances in the job markets so that they can become fully productive, economically, socially and political responsible citizens.
2.0 ARTICLE I: "THE NAME"
The name of the organization shall be "SIYM". The word siym is a Greek word meaning ‘to be put in a specific place for a specific purpose’ - hereinafter referred to as "The SI".
3.0 ARTICLE II: AIMS AND OBJECTIVE
1. To invest in the welfare and social productivity of the current and future generation of the children, youth, elderly persons and the less privileged persons in the society.
2. To increase values, goals, knowledge and life skills that are important to young people in order to live their lives effectively, to relate to others as human beings in a spirit of respect and cooperation, and to make a valuable contribution to the society.
3. To invest its efforts in strengthening the competence and potential of youths who are disadvantaged because of lack of education, industry, politics, community-based youth organization, and senior generations which when acting in concert, represent the most powerful coalition on behalf of the youth.
4. To be an arbitrator in matters relating to conflict resolution among the belligerent communities in Kenya, Sudan and Somali and other countries.
5. To coordinate food relief and agriculture in regions with food crisis, drought and warring communities.
6. To agitate and campaign for the protection of the human rights of persons residing in the Republic of Kenya, Sudan and Somali, as enshrined in their constitution and other International Charters for the protection and enhancement of Human Rights.
7. To ensure that there is adequate provision, maintenance and safeguarding of human rights, legal advice and representation at all levels for all. For the purpose of carrying out the above objects, but not otherwise, the organization shall have the following powers:
[i] To give and exchange information and advice and to promote discussions in matters relating to the provision of quality human rights, legal advice and representation.
[ii] To educate the public in the need of quality provision of human rights, legal advice and representation, education and to maintain the interest and support of the public in the same; and
[iii] To promote the observance of human rights.
8. For the purpose of carrying out the above objects 1-7, SI shall have the following powers
[i] To publish, or contribute to the publication of any papers, books periodicals, journals, reports or other documents.
[ii] To hold conferences, meetings, exhibition and discussions; and
[iii] To assist any non-governmental organization to organize and carry on the above objectives
9. To network by providing opportunities to communicate with other social entrepreneurs overcoming the sense of isolation felt by many in this field. A social entrepreneur is a socially motivated person who sees a need or opportunity and comes up with a new way to meet it. So this is what we would work towards to making our people in our project.
10. To bring about social-economic regeneration since the projects introduced are oriented towards creating self-reliance and sustainability rather than a relationship of dependency and disempowerment. In this we intend to initiate such projects that are long sustained.
11. To enter into full co-operation and affiliations with other societies and organizations with similar objectives, while maintaining our sovereignty and to acquire such assets, security, equipment or any other investment necessary, for the realization of the foregoing objectives.
I2. To promotes nature, culture and computer literacy.
13. To mainly bring people to their potentiality and to create a culture of inter-dependency even among our beneficiaries.
14. To initiate such micro finance institution in Kenya, Somali and Sudan so as to create opportunities for borrowing and lending and thus enhancing productivity of the indigenous that would improve them economically has business and wealth creation among them, the SI organization avoids short-term gestures for effects and publicity in favor of long term and enduring success.
4.0 ARTICLE III: A. BENEFECIARIES
Beneficiary could be any needy child, youth, widow, elderly person or less privileged person; in this case according to our budget and availability of funds. They shall be our listed children, orphans, less privileged, youth, widow, or elderly persons as given in our description coming or staying.
For the sake of sustainability of our projects we intend to initiate economic development or ventures that can empower and bring self-reliance to our beneficiary. We intend to do this through SIYM LEND INVESTMENT SOLUTION [SLISO] in order to create wealth among our beneficiaries.
4.1 ARTICLE III: B. VOLUNTEERS
A volunteer is a person who offers services at free will; moved internally without demand for monetary or financial gain. They sacrifice at will. SI shall have two categories of volunteers:
[A] Local/domestic volunteers
These are persons within who shall offer their free will services without demand for money, in some cases the SI might offer them transport allowance within their specific countries.
[B] Overseas volunteers
These are persons outside Kenya, Sudan and Somalia but are motivated to offer social, medical, educational, advisory and any relevant support to the society without demanding monetary gain. Such may be from other parts of Africa, Europe, Asia, Australia, USA or Caribbean countries. See conditions in the web page: Volunteers.
5.0 ARTICLE IV: A. BOARD OF OFFICIALS
The supreme policy setting organ of Siym International shall be the Board of Directors [herein after called Board Council]
[A] The Executive Director shall be the chairperson and shall be submissive to reporting all matters concerning the project of SI to the other three board of council members.
[B]. Fundraiser cum Liasing (Legal) Director shall be involved in the fundraising campaign, correspondence and other issues.
[C Assistant/Deputy Fundraiser cum Finance Director shall be in charge of finances and coordinate with the program accountant.
[D] Technical Director shall be involved in all matters pertaining to assets, securities, construction, equipment, machines and any technical attention of the project.
5.I ARTICLES IV: B. DUTIES AND RESPONSIBILITIES OF OFFICIALS
[A] Executive Director
He or she shall, unless prevented by illness or any other sufficient cause, preside over all of the board council and all general meetings. He will, together with various [the three other directors] facilitate sponsor-related activities and perform the overall administrative and managerial position. He shall be representing the SI in seminars and development meetings together with the rest of the board council.
[B] Fundraiser cum Liasing/Legal Director
He or she shall be the chief fundraiser for the project. He or she shall effect fundraising campaign, budgeting issues and fund allocation in the project would be performed by him or her together with the assistance of the deputy fundraiser cum director of finance and the program accountant. He or she shall be the legal advisor to the organization and the beneficiaries of the project Fundraising applications shall be performed by him or her in collaboration with his or her deputy with the help of the Executive Director.
[C] Deputy Fundraiser cum Finance Director
He or she will work in collaboration with the Liaison Director other Officials involve in fundraising campaign and proposal writing and budgeting for the organization.
He or she shall be responsible for giving financial report as in collaboration with the program accountant. He shall report to the other official’s matters relating to the mobilization and fund allocation.
[D] Technical Director
He or she shall be responsible for all record of the organization's assets, equipment, machines, building, vehicles and any other technical machinery in the organization. He or she shall be involved together with other officials on tender issues too.
6.0 ARTICLE V: OFFICIAL/TRUSTEES
The "official/trustees" means the original official or officials for the time being of this settlement and "official" means each and any of the officials;
[A] There shall be not more than four and not less than three officials hereunder. The Official appointed hereunder, unless they cease to be officials under the provision hereof, shall hold office for life.
[B] The power to appoint and remove official shall be exercisable solely by the trustees by consensus and the appointment or removable of such official shall be effected by notice in writing by the official and upon such appointment all moneys, real property and investment representing capital or income of the trust fund shall be paid or transferred to such new trustee of this constitution for the time being or alone {as the case maybe} and all deeds and all things necessary for such purposes shall be done and executed by all the officials
All land, buildings, immovable property, investment and securities acquired by directors the SI shall be vested in the Organization of SI.
The board council may be asked to remove any of its officials for reason, which must be corroborated by the three quarters of its members. Such reason could be a misbehavior or a breach of the organizations objectives or death, resignation of if he is convicted of a felony
Trustees shall pay all income received from the properly vested in them to the fundraising and finance director .The official to the board council, which shall authorize payment, shall report all expenditure in respect of such property.
The committee shall authorize the expenditure as such money as they think viable.
ARTICLE VI: FUNDS
[A] i. They shall be from the charitable organisation donations, foundations contribution, special gifts/offerings and any contribution etc. given by partners, members or the council or friends in support of the SI.
ii. They shall or would solicit funds from local and foreign well wishers.
[B] Funds shall be used for the following purposes:
1. To furnish and run the SI programmes and activities.
2. To purchase basic needs and food relief for the beneficiaries of the SI project
3. For needy children/youth education/training
4. For furtherance of the objectives and aims of the SK declared in content
5. For health care, medication expenses and to provide food supplements to our beneficiaries
6. For initiating self-sustainability programmes that are aimed at empowering and creating a work related activity among beneficiaries in order to creating wealth
7. Essential office services
8. Payment of workers serving part time or full time
9. Any other purpose consistent with the objective of the SI
C. The fundraiser and directors of the finance or any other board of directors or board council shall deposit all monies and funds received.
D. No payment shall be made out of the SI bank account without the authority of no less than three board council members.
E. All cheques and withdrawals on such bank accounts shall be signed by at least three board council members of the board of directors. The committee shall appoint or identify an auditor to audit the Financial report.
F. A sum not exceeding Kshs.6000 may be kept by the officials for petty cash disbursements.
G. The financial year of the SK shall run from 1st April to 31st March of the following year.
8.0. ARTICLES VII: AUDITOR
[a] The board council shall appoint an auditor for the following year that shall:
[i] Inspect all the SI ’S account records and documents at the end of the financial year.
[ii] Examine all annual accounts and statements produced by the finance director and programme accountant and certify the correctness in accordance with the law, and report to the SI on the contrary.
[b] A copy of the auditor’s report together with auditor’s accounts shall be furnished to all members at the same time during the project board council or trustees meeting.
[c] Auditors may be paid an honorarium for services rendered as resolved by the board council and official.
[d] Auditors shall not be office bearers or serve in any sub-board council of the SK.
9.0 ARTICLE VIII: FORMATION OF BRANCHES AND AFFILIATES OF SI
Branches of the SI may be formed with the approval of a general meeting of the board council of board of directors and will adopt the same constitution and rules as that of the headquarters with the following exceptions:
[a] The aims and objectives will not include the formation of the branches
[b] Ammendments of the constitution and rules of the SI can only made by the board council or board of directors in accordance with the provision of Article X.
[c] The provision of Article XII shall apply to the branches, but in addition branches will not be dissolved without consultation with the board council of the SI.
10.0 ARTICLES IX: BY LAWS
For the better administration and operations of the day to day affairs of the SI and its related department, the SI may approve at the general meeting bylaws and working arrangements as are necessary.
11.0 ARTICLE X: AMMENDMENT TO THE CONSTITUTION
Amendments to the constitution and the rules of the SI must be approved by at least two-thirds majority of members/officials present at any general meeting of the SI. But they cannot be implemented without the prior consent in writing of the National Coordination Bureau/Board, obtained upon application to him, made in writing and signed by the Executive Director.
12.0 ARTICLES XI: INSPECTION OF ACCOUNTS AND LIST OF THE BENEFICIARIES
The books of accounts and all documents thereto and list of beneficiaries the SI shall be available for inspection at the registered office of the SI by any officer of the National Coordination Bureau or board of directors of the SI on giving not less than seven days notice in writing to the Executive Director or the Secretary of the Board Council.
13.O ARTICLE XXI: DISSOLUTION OF THE SI NGO
Two-thirds majority of the board council members present. If no quorum is obtained the proposal to dissolve the SK shall be held thirty (30) days. Notice of this meeting shall be sent to the board council and advertised in one of the local newspapers at least fourteen (14) days before the date of the meeting.
1. Provided, however, that no dissolution shall be affected without prior permission in writing of the national coordinating board of SK obtained upon application to him made in writing and signed by three of the bearers/board council of which one shall be the executive director or the secretary to the board council.
2. When the national coordinating board of NGO has approved the dissolution at the SK, no further action shall be taken by the office bearers of SK in connection with the objects of the SK. The board council/board of directors shall get in and liquidate all assets at SK, the balance of the monies of the SK shall be distributed in such a manner as shall be agreed in the meeting of which the resolution for dissolution was passed.