CONSTITUTION
CONSTITUTION OF THE AFRICAN CORRECTIONAL/PRISONS SERVICES ASSOCIATION (ACSA)
PREAMBLE
We, the countries of Africa, through our Heads of Corrections/Prisons Services,
COGNISANT of the need to expedite a paradigm shift in correctional/prisons services on the African Continent from punitive to human rights-based corrections/prisons services;
DETERMINED to ensure through common action the progress and well-being of correctional/prisons facilities and systems;
MINDFUL of the need to involve individuals and civil society in the affairs and improvement of correctional/prisons facilities and services in Africa, particularly through the guarantee of democratic rights, respect for human rights and the rule of law;
DEDICATED to secure by concerted action international understanding, support and cooperation; and
NOTING the principles of international law governing relations between and amongst states
RESOLVE to establish an International Association known as the African Corrections/Prisons Services Association (ACSA) and hereby agree as follows:
PART ONE
ARTICLE 1
DEFINITIONS
In this Constitution, unless the context otherwise requires,
“Association” means the African Corrections/Prisons Services Association;
“Code of Conduct” means the code of rules and regulations
“Constitution” means the Constitution of the Association;
“Chairperson” means the Chairperson of the Association;
“Liaison Officer” means the person appointed by a MemberState in accordance with Article 17 of this Constitution;
“Member” means a member of the Association as described in Article 7 of this Constitution;
“MemberState” means a state or government which is a member of the Association;
“Observer” means an individual or institution invited by the Association to attend meetings of the Association;
“Secretariat” means the Secretariat of the Association;
“Treasurer” means the Treasurer of the Association;
“Vice Chairperson” means the Vice Chairperson of the Association.
“Vice Treasurer” means the Vice Treasurer of the Association;
“Ministerial Consultative” Forum shall mean a forum composed of African Ministers whose portfolios include corrections/prisons.
“Core Members Council” shall be made up of all the Heads of African Corrections/Prisons.
“Executive Committee” shall mean an executive committee made up of the association’s office-bearers and regional representatives.
“Regional Vice Chairpersons”shall mean five regional chairperson appointed by the CMC to champion the association in their respective regions.
“Region” shall mean the Northern, Southern, Eastern, Western and Central Africa.
“Secretariat” shall mean the location principal executive office of ACSA and shall be responsible to the Executive Committee.
PART TWO
ARTICLE 2
ESTABLISHMENT AND LEGAL STATUS
2.1By this Constitution, the African Corrections/Prisons Services Association
(hereinafter referred to as ACSA) is established.
2.2The Headquarters of ACSA shall be in a MemberState.
ARTICLE 3
LEGAL STATUS
3.1ACSA shall be an all-African intergovernmental body with legal personality
with capacity to enter into contracts and to acquire, own or dispose of movable or immovable property, to sue or sued.
PART THREE
ARTICLE 4
OBJECTIVES
4.1The objectives of ACSA shall be to:
4.1.1 Promote cooperation among the participating Core
Members;
4.1.2 Make specific recommendations to governments and
multilateral associations for action;
4.1.3 Identify common operational matters for discussion and further
action as may be required;
4.1.4 Share and exchange expertise, knowledge, skills and research
results;
4.1.5 Promote Human Resources Development;
4.1.6 improve conditions of service of correctional/prison services’
personnel;
4.1.7 Improve management in correctional/prison services;
Promote international interaction and collaboration in respect of
correctional/prison services;
4.1.8 Promote human rights and international norms and standards in
correctional/prison services;
4.1.8 Promote technical assistance and co-operation;
4.1.9 Promote law reform;
4.1.10 Promote correctional/prison services in the Criminal Justice
System;
4.1.11 Promote cultural contact; and
4.1.12 Promotecorrectional/prison services in post-conflict
reconstruction.
PART FOUR
SCOPE, MEMBERSHIP, ADMISSION OF NEW MEMBERS,
WITHDRAWAL, AND SUSPENSION AND TERMINATION
ARTICLE 5
SCOPE
5.1ACSA shall be an all-African intergovernmental body open to correctional/prison services and other entities either as Core or Associate Members as defined by Article 7 of this Constitution.
ARTICLE 6
MEMBERSHIP
6.1The membership of ACSA shall consist of:
6.1.2“Core Members” are of Heads of African Corrections/Prisons of Member States.
6.1.3“Associate Members” are individuals and associations who shall pay 50% of the full membership and enjoy discussion and voting rights on non-policy matters;
6.1.4“Observers” are individuals or institutions who are invited or whose application for attendance is accepted by the Chairperson and who pay a prescribed registration fee and participate in discussion by invitation and not have any voting rights.
6.1.5“Honorary Members” are individuals who have significantly contributed to the development of correctional/prison services as well as those who have made a distinguished contribution to the well-being of society.
ARTICLE 7
ADMISSION OF NEW MEMBERS
7.1ACSA may admit new members in accordance with Article 6 upon receiving applications from interested parties.
7.2An application for membership shall be made to the Chairperson through the Secretariat and the Chairperson shall inform the Core Members’ Council (CMC) who shall make a decision whether or not to admit the applicant provided that reasons shall be given where the application is rejected.
ARTICLE 8
WITHDRAWAL
8.1Any member may withdraw from ACSA by giving twelve (12) months written notice to the Secretariat of that member’s intention to withdraw and that member shall thereon cease to be a member of ACSA. The Core Members Council (CMC) shall make a determination of the issue.
ARTICLE 9
SUSPENSION AND TERMINATION
9.1Membership may be suspended or terminated by the Core Members
Council on grounds of:
9.2Non-payment of annual membership subscription fees for four (4) consecutive years without justification acceptable to CMC;
9.3Non-participation in meetings of ACSA for two (2) consecutive occasions without proper justification; and
9.4.1Breach of the ACSA Code of Conduct.
9.4.2Any member whose membership has been suspended or terminated inaccordance with Paragraph 1 of this Article may be readmitted as a member on the decision of the CMC.
PART FIVE
INSTITUTIONS
ARTICLE 10
ESTABLISHMENT OF INSTITUTIONS
10.1The following institutions are hereby established:
10.1.2Ministerial Consultative Forum
10.1.3Core Members Council
10.1.4Executive Committee
10.1.5Secretariat.
10.2 Other institutions may be established as necessary.
ARTICLE 11
MINISTERIAL CONSULTATIVE FORUM (MCF)
11.1There shall be a Ministerial Consultative Forum (MCF) composed of AfricanMinisters whose portfolios include corrections/prisons.
11.2 The MCF will be responsible for the following:
11.2.1 Serve as a collective platform that champions the effective action and the promotionof African Corrections/ Prisons reform agenda in multi-lateral and continental forums.
11.2.2Represent and promote the strategic interests of the ACSA in terms of politicalengagements and further mobilization of support to strengthen the ACSA.
11.2.3 Actively assist in mobilizing resources for the ACSA, both amongst African member states and other partners.
11.2The Structure of the MCF
11.2.1The MCF will elect a Chairperson and Vice Chairperson
11.2.2The Chairperson and the Vice Chairperson will hold office until the next meeting of the MCF.
11.3Meetings of The MCF
11.3.1MCF Meetings will take place once (1) a year.
11.4Notices
11.4.1Notice of MCF meetings will be issued no later than sixty (60) days before the meeting.
11.4.2The notice of the meeting will be accompanied by a provisional agenda and minutes of the previous meeting which will have been submitted by the Chairperson of the CMC and agreed to by the Chairperson of the MCF.
11.4.3Where necessary, documentation for MCF meetings will be issued no later than thirty (30) days prior to the meeting.
ARTICLE 12
CORE MEMBERS COUNCIL (CMC) AND THE EXECUTIVE COMMITTEE
12.1 CORE MEMBERS COUNCIL
12.1.1 The CMC shall be made up of all the Heads of African Corrections/Prisons.
12.1.2The CMC will meet annually to review progress made in the implementation of resolutions of the Association.
12.1.3The CMC shall elect among their number a Chairperson, Vice Chairperson, Treasurer and Vice Treasurer etc, as indicated in Article 13 to 16 who shall also be members of the Executive Committee.
12.1.3Functions of the Core Members Council:
12.1.3.1Policy formulation and development regional and international cooperation
12.1.3.2Formation and functioning of the Secretariat;Admission of new members and suspension and termination of members;
12.1.3.3Implementation of resolutions;
12.1.3.4Formation of sub-committees;
12.1.3.5Approval of programmes and the ways, means and modalities of funding and monitoring implementation;
12.1.3.6Deployment of missions to governments and regional, continental and international forums;
12.1.3.7Approval of contracts, memoranda of understanding (MOUs) and other agreements; and
12.1.3.8Formulation of rules and regulations.
12.1.3.9Shall appoint aPrincipal Officer and Assistant Principal Officer as indicated in Article 19and 20.
12.1.4Relationship with the Ministerial Consultative Council (MCF):
12.1.4.1The CMC will submit progress reports to the MCF as-and-when the MCF meets.
12.1.4.2Members of the CMC will interact with the Ministers of the MCF in between meetings for purposes of oversight and tactical support.
12.1.4.3Informal engagements with the MCF.
12.2EXECUTIVE COMMITTEE
12.2.1The Executive Committee shall be made up of the following officers:
12.2.1.1Chairperson
12.2.1.2Vice-Chairperson
12.2.1.3Regional Vice-Chairpersons
12.2.1.4Treasurer
12.2.1.5Vice Treasurer
12.2.1.6Secretary
12.2.1.7Vice Secretary
12.2.2The Executive Committee shall:
12.2.2.1Oversee the implementation for the Resolutions of the CMC.
12.2.2.2Exercise oversight functions on the overall operations of the Association
12.2.2.3Report to the CMC
12.2.3Quorum
12.2.3.1The quorum for the Executive Committee will be fifty percent plus one (50% + 1).
ARTICLE 13
THE CHAIRPERSON
13.1Election of Chairperson
13.1.1The Chairperson shall be elected by the Core Members Council Meeting for a period of two (2) years not exceeding two terms.
13.1.2Any MemberState may propose a name for election to the position of Chairperson and such election will proceed in accordance with a procedure agreed upon by the CMC.
13.1.3The person so elected shall serve as Chairperson for a period not exceeding two (2) consecutive terms.
13.2The Chairperson shall:
13.2.1Oversee the overall performance of ACSA;
13.2.2Chair the meetings of the corrections/prisons services CMC and Executive
Committee;
13.2.3Be the Chief Spokesperson of ACSA; and
13.2.4Be the Chief Representative of ACSA at meetings of multilateral organs
and other partners.
ARTICLE 14
VICE CHAIRPERSON
14.1Election of the Vice Chairperson
14.1.1The Vice Chairperson shall be elected from among the members of the CMC for a period of two years.
14.1.2Any MemberState may propose a name for election to the position of Vice Chairperson and such election will proceed in accordance with a procedure agreed upon by the CMC.
14.1.3The Vice Chairperson shall:
14.1.3.1Perform all duties assigned by the Chairperson in his or her absence or as requested by the
Chairperson.
ARTICLE 15
REGIONAL VICE CHAIRPERSON
15.1Designation of Regions
15.1.1There shall be five (5) Regions namely; North, South, East, West and Central Africainitially appointed by the CMC.
15.2Election of Chairperson of Regional Vice Chairpersons
15.2.1Regional Vice Chairperson shall be elected by Member States in theirdesignated regions for a period of two (2) years not exceeding two terms.
15.2.2Any MemberStatewithin the designated region may propose a name for election to the position of Regional Vice Chairperson and such election will proceed in accordance with a procedure agreed upon by the CMC.
15.2.3The person so elected shall serve Regional Vive Chairperson for a period not exceeding two (2) consecutive terms.
15.3Functions of the Regional Chairpersons
15.3.1Promote ACSA programmes and activities in their respective regions
15.3.2Serve as regional coordinators of ACSA activities.
15.3.3Act as mobilisors of regional resources for the purpose of promoting the
aims and objectives of ACSA
ARTICLE 16
TREASURER
16.1Election of the Treasurer
16.1.1The Treasurer shall be elected from among the members of the CMC for a period of two years.
16.1.2The Treasurer may be re-elected for another term of two years.
16.2The Treasurer shall:
16.2.1Ensure that due diligence and accounting principles are applied in the management of the account.
16.2.2Exercise his/her authority on use of finances through the Finance Committee.
16.2.3Maintain a register containing a list of all ACSA members with their contributions dully reflected.
16.2.4Prepare the budget estimates for a proposed activity, and obtain the approval of the Finance Committee for spending afterscrutiny.
16.2.5Keep proper books of account including all moneys received and payments made into the Association account and makes these available to the appointed external auditors for scrutiny.
ARTICLE 17
VICE TREASURER
17.1Election of the Vive Treasurer
17.1.1The Vice Treasurer shall be elected by the CMC.
The Vice Treasurer may be may be re-elected for another term of two years.
17.2Functions of the Vice Treasurer
17.1.2Performing all duties of the Treasurer in his or her absence or as requested by the Treasurer.
ARTICLE 18
SECRETARY
18.1Election of the Secretary
18.1.1The Secretary shall be elected by the Core Members Council Meeting for
a period of two (2) years.
18.1.2Any MemberState may propose a name for election to the position of
Secretary and such election will proceed in accordance with a procedure agreed upon by the CMC.
18.1.3The person so elected shall serve as Secretary for a period not exceeding
two (2) consecutive terms.
18.2The Secretary shall:
18.2.1Oversee the overall performance Principal Officer and the Secretariat;
18.2.2Report to the CMC on the work of the Secretariat.
18.2.3Be the Spokesperson of ACSA as mandated by the Chairperson.
18.2.4Be the Representative of ACSA at meetings of multilateral organs and
other partners as mandated by the Chairperson.
ARTICLE 19
VICE SECRETARY
19.1 Election of Vice Secretary
19.1.1The Vice Secretary shall be elected by the CMC.
19.1.2The Vice Secretary may be may be re-elected for another term of two years.
19.1.3The person so elected shall serve as Secretary for a period not exceeding two (2) consecutive terms.
19.2Functions of the Vice Secretary
19.2.1The Vice Secretary shall performing all duties of the Secretary in his/her absence or as requested by the Secretary.
ARTICLE 20
THE SECRETARIAT
20.The Secretariat
20.1A Secretariat shall be established and shall operate as provided for under this constitution.
20.2Unless specifically provided for in this Constitution, the structures of The Secretariat and specifications,descriptions and grading of jobs of the staff of the Secretariat shall be asdetermined by the CMC from time-to-time.
20.3The head of the Secretariat shall be the Principal Officer.
The Secretariat shall have other staff as may be determined by the CMC from time-to-time.
ARTICLE 21
THE PRINCIPAL OFFICER
21.1Appointment of the Principal Officer
21.1.1The Principal Officer shall be a permanent appointment of the ExecutiveCommittee
21.1.2The Principal Officer shall be the Principal Executive Officer of ACSA
21.2Responsibility of the Principal Officer:
21.2.1Effective coordination and implementation of the decisions of ACSA;
21.2.2Initiating, receiving and submitting recommendations to the CMC for approval;
21.2.3Initiating research into and the implementation of programmes through the most appropriate, efficient and effective ways of achieving the objectives of ACSA;
21.2.4Strategic planning, management and monitoring of programmes for the development of ACSA;
21.2.5Undertaking, either on its own initiative or otherwise, such investigations, collection of information, or verification of matters relating to any matter affecting ACSA that appears to it to merit examination;
21.2.6Coordination and harmonisation of policies and strategies relating to the development of ACSA;
21.2.7General promotion and dissemination of information on ACSA in any form to stakeholders and the general public;
21.2.8Submission of reports on the activities of ACSA to the CMC;
21.2.9General administration and management of ACSA with the approval of the CMC;
21.2.10Mobilisation of funds from development partners and other sources for the implementation of projects and other activities of ACSA;
21.2.11Submission of the budget of ACSA to the CMC for its consideration;
21.2.12Proposing draft agendas for meetings of ACSA and Terms of reference of all sub-committees appointed by the CMC;
21.2.13Keeping records of meetings of ACSA;
21.2.14Custody of the assets and liabilities of ACSA; and
21.2.15Such other matters that may be directed by the CMC.
ARTICLE 21
THE DEPUTY PRINCIPAL OFFICER
21.1Appointment of the Deputy Principal Officer
21.1.1The Deputy Executive Secretary may be appointed for a period of two (2) years, and is eligible for re-appointment for another period not exceeding two (2) terms.
21.2Functions and Duties of the Deputy Principal Officer
21.2.1The Deputy Executive Secretary shall perform such duties and functions as assigned to him or her by the Executive Secretary from time-to-time and will act as the Executive Secretary in his/ her absence.
ARTICLE 22
LIAISON OFFICER
- Each MemberState shall appoint a Liaison Officer whose duties shall include the facilitation of all interaction between the respective MemberState and ACSA.
- The Liaison Officer shall be the contact person for purposes of communication between the respective MemberState and the Secretariat.
ARTICLE 23
SUB-COMMITTEES
- The CMC shall appoint the following sub-committees for special tasks to assist the Secretariat in its functions:
(a)The Sub-Committee on Fundraising and Resources Mobilisation which shall be responsible for the mobilisation of funds and other material resources to support the programmes of ACSA;
(b)The Sub-Committee on Finance and Audit which shall oversee the development of the ACSA budget, projects and any other duties related to auditing and financial management; and
(c)The Sub-Committee on External and Legal Affairs which shall attend to all legal matters related to regional cooperation and advice on approaches and actions to harmonise regional legislation.
2.The CMC may appoint and mandate various other sub-committees as the need arises
3.The Sub-Committees appointed in accordance with Paragraph 1 and 2 of this Article shall consist of at least five (5) Core Members.
ARTICLE 24
CODE OF CONDUCT
ACSA may formulate a Code of Conduct to help regulate the affairs of ACSA as necessary and the Code.
PART SIX
MEETINGS
ARTICLE 25
QUORUM
The quorum for all meetings of the institutions of ACSA shall be 50% plus one (1) of its members.
ARTICLE 26
MEETINGS
- ACSA shall convene the following:
(a)Biennial General Meeting to be attended by all the members of ACSA;
(b)Biennial Conference to be attended by all members of ACSA and other invited guests as identified by the Executive Committee;
(c)Council of Ministers; and
(d)Core Members Meeting.
- The Chairperson or any Core Member may call for an Extraordinary Meeting by lodging a request with the Chairperson who shall convene such a Meeting after obtaining the support of a two-thirds (2/3) majority of the CMC.
- The CMC shall decide the venues of meetings indicated in paragraph 1 of this Article.
ARTICLE 27
DECISIONS
- Except as otherwise provided in this Constitution, decisions of the institutions of ACSA shall be taken by consensus.
- Where a decision cannot be reached by consensus the members may agree to take a decision by secret ballot.
- Decisions taken by ACSA shall be non-binding but the members shall endeavour to adhere to the decisions taken.
ARTICLE 28