CHAPTER
1
THE FEDERATION OF METIS NATIONS IN THE AMERICAS
ARTICLE
I
IDEALS
Diplomatic and political relations between
Members of the Federation of Metis Nations in the Americas, hereafter
referred to as the Federation, in all forums of the Federation shall be
guided by the following ideals:
1. By virtue of their rich heritage, historical
experience and contemporary circumstances, the Members of the Federation
possess common interests and aspirations to exercise their political
will in common and to develop a collective struggle or cause based upon
the North American Aboriginal values of trust, confidence and
toleration.
2. By virtue of the recognition and affirmation
of their mutual freedom and inherent right to self-determination, the
Members of the Federation possess the knowledge and political will to
respect the sovereignty of each indigenous nation.
3. By virtue of the recognition and respect for
their mutual sovereign equality, the Members of the Federation can
establish collective political relations based upon respect for
diversity.
4. By
virtue of their mutual belief in justice, the Members of the Federation
can establish collective political relations that will not render a
single Member of the Federation to suffer or benefit as a direct result
of privilege, favoritism, preferential treatment or the abuse of power.
ARTICLE
2
PRINCIPLES
The Federation, in the pursuit of the ideals
stated in Article 1, shall subscribe to and maintain these Principles:
1. The Members of the Federation involved in
diplomatic and political relations recognize that collective political
power and action is a practical imperative for the preservation and
integrity of the right to self-determination of each Member.
2. In order to achieve political solidarity, all
diplomatic and political relations between the Members of the Federation
shall be characterized by the principles of coexistence and diversity.
3. The purpose, authority, responsibilities and
jurisdiction of the Federation shall be derivative in nature and scope.
All actions or initiatives in excess of the delegation from the Members
of the Federation shall be null and void and of no force or effect.
4. All delegated power, mandates or
responsibility derive from the sovereignty of the Federation; and the
persons or institutions entrusted to exercise such delegation have a
sacred trust and duty to comply strictly with the nature and quality of
the delegation in the performance of that delegation.
5. The Federation shall remain at all times an
instrument to advance the aspirations of the Members of the Federation
and shall not become greater in strength, power, resources or
jurisdiction than the individual Members for which it was established to
serve.
6. Any decision or direction on a subject matter
of a fundamental nature that may affect the jurisdiction, rights and
survival of any or all of the Members of the Federation may be
undertaken as an international matter provided the Membership of the
Federation has reached a consensus to grant such delegated power,
mandate or responsibility to the General Assembly. When all efforts at
achieving a consensus have been exhausted without success, a positive
vote of 60% of the Membership of the Federation shall be sufficient for
the General Assembly to undertake any subject matter as an international
matter.
7. The
resources allocated to the Secretariat of the Federation shall be
distributed and utilized for the greater benefit of all Members of the
Federation in efforts that are truly, in form and substance,
international in scope and for which consensus has been achieved by the
Members of the Federation.
ARTICLE
3
ROLES AND FUNCTIONS
The roles and functions of the Federation:
1. To be an international delegated forum for
determining and harmonizing effective collective and co-operative
measures on any subject matters that the Membership of the Federation
delegates for review, study, response or action.
2. To be an international delegated forum of the
Members of the Federation, which, by virtue of their sovereignty, are
the sole legitimate source for what the Federation is, does or may
become in the future.
3. To be an international delegated forum for the
purpose of advancing the aspirations of the Members of the Federation
and to remain subordinate in strength, power and resources to the
jurisdiction of the Members of the Federation for whom it is established
to serve.
4. To perform and adhere strictly, as a sacred
trust and duty, to the nature, scope and extent of the delegation
granted from time to time by the Membership of the Federation.
5. To
seek, utilize and distribute resources for the greater benefit of all
the Members of the Federation in endeavors that are truly in form and
substance international in nature and scope and for which delegation has
been granted by the Membership of the Federation.
ARTICLE
4
MEMBERSHIP
1. For the purposes of Membership, the following
definitions have been established:
A.
Metis is hereby defined as:
1.
An indigenous people whose genetic heritage includes a mixture of
aboriginal and non-aboriginal bloodlines;
2.
An indigenous people whose individual family's oral and/or
written history and traditions affirm and embrace the traditional
cultural or social ethos, mores, and practices of the Metis Peoples;
and,
3.
An indigenous people whose members individually consider
themselves to be Metis and who are accepted as such by the culture and
society of the Metis Peoples.
4.
The Metis include the Mestizo, Melungeon, Bemdineek, and other
linguistic variations of the term Metis or people who meet the
description of the concepts inherent in this definition.
B.
Metis Nation is hereby defined as a formally constituted
government representing a collective of Metis individuals that has been
organized in accordance with international law and who have not
abrogated their sovereignty or independence.
1.
Abrogated their sovereignty or independence is defined as:
a.
existing as an organization or entity that is under the
administrative or statutory control of an external political entity;
and/or,
b.
establishing and/or possessing a subordinate
organization or entity that is under the administrative or statutory
control of an external political entity.
2.
Organizations or entities that are under the administrative or
statutory control of an external political entity include, but are not
limited to, for-profit or not-for-profit corporations, partnerships,
proprietorships, associations, etc.
3.
Political entities include, but are not limited to, federal,
state, provincial, Metis, tribal, or local governments.
C.
the territorial area of the Federation is hereby defined as the
North and South American Continents.
2. The Original Members of the Federation shall
be those Metis Nations that sign and ratify the present Charter in
accordance with Article 36 of the present Charter.
3. Membership in the Federation shall be open,
but not limited, to all Metis Nations that agree with the ideals,
principles, roles and functions embodied in the present Charter; and who
accept, and in the judgment of the organization are able and willing to
carry out, the obligations contained in the present Charter.
A.
The admission of any such applicant to Membership in the
Federation will be effected by a decision of the Federation Council,
upon the recommendation of a sponsoring Member. Said decision may be
taken up by the General Assembly.
4. The classes of Membership of the Federation of
Metis Nations in the Americas shall consist of:
A.
National Members who shall consist of Metis Nations located
within the territorial area of the Federation; and,
B.
Affiliate National Members who shall consist of Metis Nations
located outside of the territorial area of the Federation.
5. No differentiation shall be made between
Members of the different classes with respect to the rights, privileges,
duties, or obligations of Membership in the Federation; but rather, is
used for planning purposes in defining the roles, functions,
expectations, and responsibilities associated with their individual
participation.
6. A Member of the Federation against which the
Federation Council has taken preventive or enforcement action may be
suspended from the exercise of the rights and privileges of Membership
by the General Assembly upon the recommendation of the Federation
Council. The Federation Council may restore the exercise of these rights
and privileges.
7. A
Member of the Federation which has persistently violated the Principles
contained in the present Charter may be expelled from the Federation by
the General Assembly upon the recommendation of the Federation Council.
ARTICLE
5
ORGANS
1. There are established as principal organs of
the Federation:
A.
The General Assembly
B.
The Federation Council
C.
Office of the Secretary General
1.
The Secretariat
D.
The Council of Elders
E.
The Women’s Council
2. The
General Assembly may, from time to time, establish such subsidiary
organs as may be found necessary.
CHAPTER
2
THE GENERAL ASSEMBLY
ARTICLE
6
COMPOSITION:
1. The General Assembly shall consist of the
Secretary General, who shall serve as the primary presiding officer, and
all representatives of those Members who exercise their right to be
Members of the Federation.
A.
The Secretary General shall preside over the opening and closing
sessions of the General Assembly and during such sessions in which a
vote shall be taken.
B.
The Chairperson of the Council of Elder's, or in their absence,
the Chairperson of the Women's Council, shall preside over the General
Assembly in the absence of the Secretary General.
C.
Each General Assembly, as one of its first acts, shall elect a
President from among the assembled Heads of Delegation who shall preside
over discussion sessions of the General Assembly.
2. Each National and Affiliate National Member of
the Federation shall have three (3) representatives in the General
Assembly.
A.
The Delegation of each National and Affiliate National Member of
the Federation to the General Assembly shall be composed of the Chief
Executive Officer (CEO) of that Member and two (2) designated
representatives who have been officially accredited in writing by the
governing body of that Member. The CEO of that Member shall serve as
Head of Delegation for that Member.
B.
All references in this Charter to a Head of Delegation shall be
in reference to the position of the CEO of a Member, not to a specific
individual.
C.
In the absence of a CEO, the governing body of a Member may
officially designate and accredit in writing, a third representative who
shall serve as the Head of Delegation to and who may participate in the
General Assembly.
ARTICLE
7
FUNCTIONS AND POWERS
1. The General Assembly is a forum for the
Federation to conduct Member-to-Member consultations and deliberations
and to collaborate on any matter within the jurisdiction of the
Federation.
2. The General Assembly shall have the power:
A.
To discuss any matter related to the conduct or operations of any
organ of the Federation and to make binding decisions regarding such
matters.
B.
To make decisions on any subject matter that Members of the
Federation desire to initiate or undertake co-operatively and
collectively through the General Assembly.
C.
To delegate authority, mandates, tasks, responsibilities or
duties to the Members of the Federation whenever such delegation is
deemed necessary by the General Assembly.
D.
To ensure that the positions and directions given by the
Federation Council, under authority delegated to the Federation Council
by the General Assembly, are implemented and to take disciplinary
measures whenever the sacred trust and duty to perform and adhere to in
strict compliance with the delegation is deliberately breached.
E.
To instruct the Federation Council to proceed with a ratification
process of its decisions regarding any subject matter of a fundamental
nature that may affect the jurisdiction, rights and survival of the
Federation.
F.
To ensure that the ideals enumerated in Article 1 and the
principles enumerated in Article 2 are maintained and put into practice
in relation to the roles and functions enumerated in Article 3.
G.
To be, in general, the sole legitimate, inherent expression of
what the Federation is, what it can do, and what it may become in the
future.
ARTICLE
8
ASSEMBLIES
1. The Annual Assembly shall meet in regular
annual sessions in the months of June or July and in such special
sessions as occasion may require. The Secretary General may convene
special sessions at the request of the Federation Council.
2. An Annual or Special Assembly during which the
election of a Secretary General shall occur shall be in person and shall
be hosted at a site selected for this purpose.
A.
In selecting a site, consideration should be given to minimizing
the travel distance and expenses of a majority of participants and to
minimizing the costs anticipated to be incurred by the Federation and
participants in conducting the Assembly.
3. The General Assembly may, by consensus or
resolution, routinely use an alternative meeting method (which may
include, but not be limited to, connection by telephonic or internet
voice conferencing, telephonic or internet facsimile, internet email or
chat, etc) to conduct Annual or Special Assemblies where no election for
Secretary General is scheduled or anticipated.
A.
In the event that the General Assembly shall choose to conduct
these Assemblies in person, the Secretary General shall make all
reasonable efforts to accommodate the participation of members who are
unable to do so, by providing briefings and soliciting comments and
discussion using the most expedient and cost-effective alternative
meeting method available.
1.
Any member unable to attend in person shall:
a.
be required to pre-arrange the method and timing of
said connection(s) with the Secretary General or a person designated for
this purpose; and,
b.
bear the cost of initiating said connection(s), unless
the General Assembly shall have previously passed a resolution
explicitedly authorizing the Secretary General to incur the expense on
behalf of the Federation, and the Federation possesses the funds in
which to do so. In general, first priority shall be to provide funding
for Affiliate National Members, second priority shall be for National
Members located in South America, and lastly for National Members in
North America. Within each priority level, those members located at the
greatest distance from the meeting location shall be given higher
precedence.
ARTICLE
9
DECISION MAKING
1. Decisions of the General Assembly shall be
made as far as possible by consensus or general agreement. When all
efforts at achieving a consensus have been exhausted without success, a
positive vote of 60% of the Delegates to the General Assembly in
attendance shall be sufficient to constitute a decision.
2. In
the event of voting, the Head of Delegation and representatives of all
Members shall each have one vote that may be exercised by proxy. The
presiding officer shall only cast a ballot in the event of a tie.
ARTICLE
10
PROCEDURE
1. The
General Assembly shall adopt its own Rules of Procedure.
CHAPTER
3
THE FEDERATION COUNCIL
ARTICLE
11
COMPOSITION
1. The Federation Council shall consist of the
Secretary General, who shall serve as the presiding officer; the Heads
of Delegation of each Member of the Federation; and the Chairpersons of
the Council of Elders and the Women’s Council.
2. Secretary General shall be elected in
accordance with Article 19 and Annex "A" of the present
Charter.
3. The governing body of a Member may officially
designate and accredit in writing a representative, who shall serve in
the place of that Member’s Head of Delegation for the purposes of
participating and voting in meetings of the Federation Council.
4. The
Council of Elders and/or the Women’s Council may officially designate
and accredit in writing a representative, who shall serve in the place
of that Council’s Chairperson for the purposes of participating and
voting in meetings of the Federation Council
ARTICLE
12
FUNCTIONS AND POWERS
1. The Federation Council shall function as a
unit and any decisions or actions by any individual Member of the
Federation Council shall be null and void and of no force or effect.
2. The Federation Council shall make
representations on behalf of the Federation consistent with properly
delegated mandates.
3. The Federation Council exists and functions as
the governing body between Annual Assemblies of the General Assembly
with authority:
A.
To review and enforce decisions and directions of the General
Assembly.
1.
To develop short-term and long-term plans and establish
priorities consistent with the directions and decisions of the General
Assembly.
2.
To interpret resolutions, decisions and directions of the General
Assembly in cases where ambiguity or conflict arises in the
interpretation of resolutions and decisions.
3.
In implementing the decisions of the General Assembly, the
Federation Council shall comply in all cases with the true spirit and
intent of any and all delegations as may be granted from time to time.
B.
To approve, allocate, monitor and control the fiscal resources of
the Federation.
1.
In performing their duties or responsibilities, the Federation
Council may establish financial portfolios and deploy other resources as
deemed necessary, subject to the nature of the delegation granted by the
General Assembly.
2.
The Federation Council shall in conjunction with the Head of
Delegation of the hosting Member develop the budget requirements of the
Annual Assembly and to obtain the approval of the budgets by the General
Assembly.
3.
The Federation Council shall secure, monitor, and control the
expenditure of fiscal resources for the Annual Assembly.
C.
To ensure that the Secretariat conforms to, and implements the
decisions and directions of, the General Assembly.
1.
The Federation Council shall set policy for and monitor and
control the internal operations of the Secretariat, select all senior
officials and approve all personnel or service contracts the value of
which exceeds five thousand US dollars (US$5,000).
2.
The Federation Council shall take corrective and remedial
disciplinary measures in respect of any member of the Secretariat in
instances of a willful breach of a General Assembly mandate.
D.
To approve or reject new applications for Membership upon due
consideration of the recommendations of the sponsoring Member provided
that, in cases of ambiguity or inability of the Federation Council to
reach a consensus or general agreement, the final decision to accept or
reject an application shall be referred to the General Assembly.
1.
Sponsoring Members shall provide the Council with their
recommendation for acceptance or rejection of said application along
with detailed and documented evidence that supports that recommendation.
2.
Any decision made shall be subject to review by the General
Assembly at the earliest opportunity for ratification if it is the view
of the General Assembly that to do so is in the best interests of the
Federation.
E.
The Federation Council shall serve as a dedicated forum for
Members of the Federation to conduct Member-to-Member consultations and
deliberations and to collaborate on any matter within the jurisdiction
of the Federation on which the Members share common or similar themes,
perspectives, or goals.
1.
To receive, consider, make decisions and take appropriate action
on any matter raised by Members of the Federation, either individually
or collectively, between meetings of the General Assembly provided that
the response and action undertaken is within the scope of existing
delegated mandates of the General Assembly, and provided resources that
may be required are available and within the budget of the organization,
and further provided that the matter dealt with does not have a
detrimental effect on the rights and interests of all Members of the
Federation.
2.
To address any emergency in matters of a fundamental nature
affecting one or more Members of the Federation, the Federation Council
shall consider, first, whether that matter is of a fundamental nature;
and second, whether an emergency exists before any decision or action is
taken on that matter. Any decision made shall be referred to the General
Assembly at the earliest opportunity for ratification.
4. The Federation Council shall ensure that
quarterly written reports are submitted directly to all Members of the
Federation.
5. The
Federation Council shall bring to the attention of the Members and the
General Assembly any matters, which, in their opinion may jeopardize the
security, survival, rights, aspirations and jurisdiction of the
Federation.
ARTICLE
13
ACCOUNTABILITY
1. The
Federation Council shall be accountable to, shall report to and take
direction from the General Assembly.
ARTICLE
14
MEETINGS
1. The Federation Council shall meet in regular
quarterly sessions and in such special sessions as occasion may require.
The Secretary General may convene special sessions on his (or her) own
initiative, at the request of a quorum of the Federation Council, or at
the request of the Federation Council.
A.
The Federation Council may, by consensus or resolution,
routinely use an alternative meeting method (which may include, but not
be limited to, connection by telephonic or internet voice conferencing,
telephonic or internet facsimile, internet email or chat, etc) to
conduct regular and special meetings.
B.
In the event that the Council shall choose to conduct
meetings in person, the Secretary General shall make all reasonable
efforts to accommodate the participation of members who are unable to do
so, by the most expedient and cost-effective alternative meeting method
available.
1.
Any member unable to attend in person shall:
a.
be required to pre-arrange the method and timing of
said connection with the Secretary General or a person designated for
this purpose; and,
b.
bear the cost of initiating said connection, unless the
General Assembly shall have previously passed a resolution explicitedly
authorizing the Secretary General to incur the expense on behalf of the
Federation, and the Federation possesses the funds in which to do so. In
general, first priority shall be to provide funding for Affiliate
National Members, second priority shall be for National Members located
in South America, and lastly for National Members in North America.
Within each priority level, those members located at the greatest
distance from the meeting location shall be given higher precedence.
ARTICLE
15
QUORUM
1.
Fifty percent of participating representatives shall constitute a quorum
for any meeting of the Federation Council.
ARTICLE
16
PROCEDURE
1. The
Federation Council shall adopt its own Rules of Procedure.
CHAPTER
4
SECRETARY GENERAL
ARTICLE
17
ROLE AND FUNCTION
1. The Secretary General is a member of, and is
not separate and apart from, the Federation Council. As a member of a
collective leadership, they shall:
A.
Take direction from the Federation Council as a unit, and, with
the Federation Council, is responsible to the General Assembly of the
Federation;
B.
Preside over Federation Council and the General Assembly
meetings, but shall only cast a ballot in the event of a tie;
C.
Make regular political and financial reports to their colleagues
in the Federation Council and the General Assembly; and,
D.
Serve as the primary spokesperson of the Federation.
2. The Secretary General shall be responsible for
the routine day-to-day operations of the Federation and shall:
A.
Develop and submit a proposed annual budget for the Federation to
Federation Council for approval and the General Assembly for
ratification
B.
Retain and support staff to help the Federation Council carry out
their duties and obligations to the Federation. In maintaining oversight
of the Secretariat, they shall:
1.
Maintain and direct the Secretariat in accordance with the
directions set by the Federation Council and the General Assembly
2.
Operate the Secretariat within the budget approved each fiscal
year by the General Assembly
3. The
Secretary General shall bring to the attention of the Members, the
Federation Council, and the General Assembly any matters, which, in
their opinion may jeopardize the security, survival, rights, aspirations
and jurisdiction of the Federation.
ARTICLE
18
AUTHORITY AND ACCOUNTABILITY
1. The Secretary General shall have no inherent
political authority.
A.
Any authority the Secretary General may have shall derive
exclusively and entirely from authority granted from time to time by the
General Assembly.
2. As
a leader who exercises delegated mandates, authority, responsibilities
and duties, the Secretary General has a sacred political trust to comply
in every respect with the direction given by the General Assembly and
the Federation Council.
ARTICLE
19
ELECTION AND TERM
1. The Secretary General shall be elected by the
General Assembly by a majority of 60% of the registered representatives
of the Members of the Federation at an Annual Assembly or at a Special
Assembly convened for the purpose of electing a Secretary General under
the policies, rules and procedures contained within Annex "A"
of this Charter; provided that, no person shall be elected Secretary
General who is the CEO, Head of Delegation or an accredited
representative of any Member nation.
2. The Secretary General shall be elected for a
two-year term and is eligible for re-election, but may be removed by a
majority of 60% of the registered representatives of the Members of the
Federation at an Annual Assembly or at a Special Assembly convened by
the Federation Council for that purpose.
A.
In the event that the Secretary General is removed from office in
accordance with this paragraph, or in the event that the Secretary
General dies or resigns, or is found to be medically unfit to carry on
their duties and complete their term of office owing to physical or
mental disability, or in the event that their term of office ends before
a new election, the rest of the Federation Council shall assume their
role and function until such time as other arrangements are made by the
General Assembly.
3. A Secretary General who is seeking
re-election, and any other candidate for the Office of Secretary
General, shall maintain a strict accounting of all moneys raised for
their campaign; and a preliminary disclosure of these records shall be
made to the General Assembly at which they are seeking election prior to
the time of the election.
4. At
any General Assembly at which an election for Secretary General occurs,
the Chief Electoral Officer shall review the accounts disclosed by each
candidate in accordance with paragraph 3 of this Article and shall
ensure that standards set for such accounts by the General Assembly are
applied fairly and evenly to all candidates.
CHAPTER
5
THE SECRETARIAT
ARTICLE
20
COMPOSITION
1. The
Secretariat of the Federation shall be composed of such administrative,
technical and support officials and staff as the Federation may require.
ARTICLE
21
FUNCTIONS
1. The Secretariat shall function in accordance
with directions by the Secretary General, but so as to ensure the
implementation of the decisions of, and control by, the Federation
Council, consistent with the mandates of the General Assembly.
2. The Secretariat shall provide administrative,
technical and support services for the Federation.
3. The Secretariat shall receive, administer and
distribute monies and transact business and engage in activities that
are ancillary to, or necessary for, the realization of the decisions of
the General Assembly and the Federation Council.
5. The
Secretariat shall bring to the attention of the Members, the Federation
Council, and the General Assembly any matters that, in their opinion,
may jeopardize the security, survival, rights, aspirations and
jurisdiction of the Federation.
ARTICLE
22
ACCOUNTABILITY
1. The
Secretariat shall report to and take direction from the Secretary
General and shall be accountable to the Federation Council and the
General Assembly.
CHAPTER
6
COUNCIL OF ELDERS
ARTICLE
23
COMPOSITION
1. The Council of Elders shall consist of Metis
Elders representative of the Federation (the number of members on the
Council of Elders are to be determined by the Federation Council).
2.
Elders shall determine the qualifications for and elect the membership
on the Council of Elders and shall elect a Chairperson from their own
membership.
ARTICLE
24
ROLE AND FUNCTION
1. The Council of Elders may discuss any question
or any matter within the scope of the present Charter or relating to the
powers and functions of any organs provided for in the present Charter
and may make recommendations to the General Assembly, the Federation
Council or to any subsidiary organ of the Federation on any such
question or matter.
2. Any member of the Council of Elders may
participate, without voting rights, in meetings of the General Assembly
or of any subsidiary organ of the Federation. The Chairperson of the
Council of Elders shall be a voting member and participate in meetings
of the Federation Council.
3. The Council of Elders may investigate any
dispute, or any situation, which might lead to friction or give rise to
a dispute in order to determine whether the continuance of the dispute
or situation is likely to endanger relationships between the Members of
the Federation. The Council of Elders may, if all the parties to any
dispute so request, make recommendations to the parties with a view to
an amicable settlement of the dispute.
4. The Council of Elders has the primary
responsibility for serving as the arbiters and mediators of the
Federation.
5. The Council of Elders may investigate any
matter or situation, which involves the rights, duties,
responsibilities, obligations, culture, spiritual beliefs, languages,
and/or traditions of the Metis Peoples.
6. The Council of Elders has the secondary
responsibility for advising the Federation on any and all social and
cultural issues regarding inherent human and civil rights of indigenous
peoples protected under international law.
5. The
Council of Elders shall bring to the attention of the Members, the
Federation Council, and the General Assembly any matters that, in their
opinion, may jeopardize the security, survival, rights, aspirations and
jurisdiction of the Federation.
ARTICLE
25
ACCOUNTABILITY
1. The
Council of Elders shall be accountable to, shall report to and take
direction from the General Assembly.
ARTICLE
26
MEETINGS
1. The Council of Elders shall meet in regular
quarterly sessions and in such special sessions as occasion may require.
The Chairperson of the Council may convene special sessions on his (or
her) own initiative, at the request of a quorum of the Council of
Elders, or at the request of the Federation Council.
A.
The Council of Elders may, by consensus or resolution,
routinely use an alternative meeting method (which may include, but not
be limited to, connection by telephonic or internet voice conferencing,
telephonic or internet facsimile, internet email or chat, etc) to
conduct regular and special meetings.
B.
In the event that the Council shall choose to conduct
meetings in person, the Chairperson of the Council shall make all
reasonable efforts to accommodate the participation of members who are
unable to do so, by the most expedient and cost-effective alternative
meeting method available.
1.
Any member unable to attend in person shall:
a.
be required to pre-arrange the method and timing of
said connection with the Chairperson of the Council or a person
designated for this purpose; and,
b.
bear the cost of initiating said connection, unless the
General Assembly shall have previously passed a resolution explicitedly
authorizing the Chairperson of the Council to incur the expense on
behalf of the Federation, and the Federation possesses the funds in
which to do so. In general, first priority shall be to provide funding
for Affiliate National Members, second priority shall be for National
Members located in South America, and lastly for National Members in
North America. Within each priority level, those members located at the
greatest distance from the meeting location shall be given higher
precedence.
ARTICLE
27
QUORUM
1.
Fifty percent of participating representatives shall constitute a quorum
for any meeting of the Council of Elders.
ARTICLE
28
PROCEDURE
1. The
Council of Elders shall adopt its own Rules of Procedure.
CHAPTER
7
WOMEN’S COUNCIL
ARTICLE
29
COMPOSITION
1. The Women’s Council shall consist of women
representative of the Federation of Metis Nations in the Americas (the
number on the Women’s Council are to be determined by the Federation
Council).
2.
Women shall determine the qualifications for and elect the membership on
the Women’s Council and shall elect a Chairperson from their own
membership.
ARTICLE
30
ROLE AND FUNCTION
1. The Women’s Council may discuss any question
or any matter within the scope of the present Charter or relating to the
powers and functions of any organs provided for in the present Charter
and may make recommendations to the Federation Council, the Federation
Council or to any subsidiary organ of the Federation on any such
question or matter.
2. Any member of the Woman’s Council may
participate. without voting rights, in meetings of the General Assembly
or of any subsidiary organ of the Federation. The Chairperson of the
Women’s Council shall be a voting member and participate in meetings
of the Federation Council.
3. The Women’s Council may investigate any
matter or situation, which involves the rights, duties,
responsibilities, obligations, culture, spiritual beliefs, languages,
and/or traditions of the Metis Peoples.
4. The Women’s Council has the primary
responsibility for advising the Federation on any and all social and
cultural issues regarding the inherent human and civil rights of the
family in general, and of men, women and children in specific protected
under international law.
5. The
Women’s Council shall bring to the attention of the Members, the
Federation Council, and the General Assembly any matters that, in their
opinion, may jeopardize the security, survival, rights, aspirations and
jurisdiction of the Federation.
ARTICLE
31
ACCOUNTABILITY
1. The
Women’s Council shall be accountable to, shall report to and take
direction from the General Assembly.
ARTICLE
32
MEETINGS
1. The Women’s Council shall meet in regular
quarterly sessions and in such special sessions as occasion may require.
The Chairperson of the Council may convene special sessions on his (or
her) own initiative, at the request of a quorum of the Women’s
Council, or at the request of the Federation Council.
A.
The Women’s Council may, by consensus or resolution,
routinely use an alternative meeting method (which may include, but not
be limited to, connection by telephonic or internet voice conferencing,
telephonic or internet facsimile, internet email or chat, etc) to
conduct regular and special meetings.
B.
In the event that the Council shall choose to conduct
meetings in person, the Chairperson of the Council shall make all
reasonable efforts to accommodate the participation of members who are
unable to do so, by the most expedient and cost-effective alternative
meeting method available.
1.
Any member unable to attend in person shall:
a.
be required to pre-arrange the method and timing of
said connection with the Chairperson of the Council or a person
designated for this purpose; and,
b.
bear the cost of initiating said connection, unless the
General Assembly shall have previously passed a resolution explicitedly
authorizing the Chairperson of the Council to incur the expense on
behalf of the Federation, and the Federation possesses the funds in
which to do so. In general, first priority shall be to provide funding
for Affiliate National Members, second priority shall be for National
Members located in South America, and lastly for National Members in
North America. Within each priority level, those members located at the
greatest distance from the meeting location shall be given higher
precedence.
ARTICLE
33
QUORUM
1.
Fifty percent of participating representatives shall constitute a quorum
for any meeting of the Women’s Council.
ARTICLE
34
PROCEDURE
1. The
Women’s Council shall adopt its own Rules of Procedure.
CHAPTER
8
AMENDMENT AND ADOPTION OF THE CHARTER
ARTICLE
35
AMENDMENT
1.
This Charter may be amended by consensus, but by no less than two-thirds
(2/3) majority of the duly accredited representatives of the Membership
of the Federation present at any Annual Assembly of the General
Assembly.
ARTICLE
36
ADOPTION OF THE CHARTER
1. The
present Charter is adopted by consensus or general agreement of the duly
accredited representatives of the Membership of the Federation present
at the 1st Annual Assembly of the Federation held via electronic
teleconference between the 24th and 30th days of June of the year 2001
in the cities of Springfield in the State of Massachusetts, USA and
Winston-Salem in the State of North Carolina, USA.
ANNEX
"A"
ELECTORAL RULES FOR THE OFFICE OF THE SECRETARY GENERAL
Section
1
Appointment of the Chief Electoral Officer
1. At least twelve (12) weeks prior to the
Assembly at which the election is to occur, the Federation Council shall
meet and have included on its agenda an item dealing with the
appointment by resolution of the Chief Electoral Officer.
A.
The Federation Council may, by resolution, create and
appoint members to an ad-hoc committee for this purpose. A Chief
Electoral Officer selected and appointed by such ad-hoc committee shall
be cosidered to have been selected and appointed by the Federation
Council as a whole.
2. The Chief Electoral Officer shall assume
office at least ten (10) weeks prior to the election and shall cease
functions no later than three (3) weeks after the election.
3. Once in office, the Chief Electoral Officer
shall serve as an absolutely impartial officer of, and accountable
directly to, the General Assembly.
4. The
Chief Electoral Officer can be removed only for cause by resolution of
the General Assembly or the Federation Council.
Section
2
Functions of the Chief Electoral Officer
1. The Chief Electoral Officer is responsible
for:
A.
Conducting all Pre-Election activities, to include:
1.
Devising and mailing a blank nomination form to the Membership
(using the official list of Members at the National Office) at least
nine (9) weeks before the election;
2.
Receiving nominations of candidates for the Office of Secretary
General and ensuring that they are complete and in proper form;
3.
Mailing the names and brief particulars of the candidates to the
Membership (using the official list of Members at the National Office)
at least four (4) weeks before the election;
4.
Devising and making all administrative arrangements, including
the production and distribution of ballot forms, in connection with the
election at the Assembly;
5.
Receiving and reviewing a preliminary financial accounting from
all candidates of all moneys raised and spent for their campaigns
including the names of contributors and ensuring that spending limits
are applied fairly and evenly to all candidates; and,
6.
Arranging for, and presiding over, the All-Candidates Open Forum
on the evening prior to the election; including
a.
Informing the All-Candidates Open Forum of the
preliminary financial record of each candidate including the names of
contributors.
B.
Conducting all Election activities, to include:
1.
Conducting as many ballots as may be necessary to properly elect
a Secretary General;
2.
Counting of the ballots (after voting has occurred) in the
presence of one (1) observer appointed by each of the candidates and of
at least one (1) security officer; and,
3.
Announcing the results of the ballot to the General Assembly.
C.
Conducting all Post-Election activities, to include:
1.
Receiving and reviewing a final financial accounting from all
candidates of all moneys raised and spent for their campaigns including
the names of contributors and ensuring that spending limits are applied
fairly and evenly to all candidates;
2.
Submitting a detailed written report on the election to the
Federation Council within two (2) weeks after the election; and,
3.
Dispatching the ballots in the form and manner required in a
resolution of the General Assembly passed for that purpose.
2. The
Federation Council shall make available to the Chief Electoral Officer
such staff and facilities as he might require to carry out his duties.
Section
3
The Nomination and Endorsement of Candidates
1. Commencing eight (8) weeks prior to the
election and ending at midnight on the day that is five (5) weeks prior
to the election, nomination papers in proper form shall be submitted to
the Chief Electoral Officer.
2. Each nomination, in proper form, shall be
endorsed by the Head of Delegation of the Member nation submitting the
nomination.
3. Each nomination in proper form shall be
accompanied by a statement signed by the candidate certifying that the
candidate is at least eighteen (18) years of age and is of Metis
ancestry and belongs to a specified Metis nation which is in good
standing as a Member of the Federation.
A.
For the purpose of these Rules, the term "in good
standing as a Member of the Federation" means that the particular
