CONSTITUTION OF THE CAMBODIAN INDEPENDENT TEACHERS' ASSOCIATION |
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THE CAMBODIAN INDEPENDENT TEACHERS' ASSOCIATION |
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FORWORD |
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Khmer citizens have the rights to establish the union according to the article 42 of the Constitution the Kingdom of Cambodia and article 36 of Co-Civil Servant Constitution stated "all government employees have the business to register as member of the union and take part in legal union management ". We are the private and public educational employees decide to jointly form the union named "The Cambodian Independent Teachers' Association"
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On January 25, 1999 teachers and professors throughout the country jointly agreed to hold the strike aiming to demand the government to increase in suitable salary, which is available to socially live with dignity. The strike also demanded for freedom and rights of taking part in the social decision-making and nationally and internationally showed the misery and difficulty of the teachers and professors.
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On March11-12, 2000 The Cambodian Independent Teachers' Association was formally established with the participation and support of many teachers. It's the history day because the Cambodian Independent Teachers' Association was actually and fully created and was first and gloriously declared as the teachers' association in Cambodia. The union was formally registered at the Interior Minister on July17, 2001 by intervention of Special Representative of UN Secretary-General. The union became the member of Education International on July 2001.
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Since the creation till today, The Cambodian Independent Teachers' Association has established many provincial and district branches and also initially organized the strikes and demonstrations at the provincial schools and in Phnom Penh in order to justly demand for law enforcement and rights of teachers. The struggled actions of the union were nationally and internationally well- known. As evidence, the struggles of our union on strikes, demonstration and other actions were published by national and international news in the first history of Cambodia. The meaning and target of creating the union, which are very far different from the " Public Organization " before 1999 National Election organized by United Nation, are in line with the democracy, which the Kingdom of Cambodia presently maintains. The union was not created under any guideline and control of any authorities but initially established and in line with actual willingness of the teachers. The union does not serve the advantages and political tolls of any authorities and political parties but serve the interests of teachers and uphold the education quality only. The objective of the union is to push all Khmer citizens to have access to Education for All with high quality, to protect the teachers' rights at the workplace and to try all its best to enhance teachers' living conditions and dignity irrespective of race, color, source, sex, religion and political trend. |
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In the developed countries in the world, the voice of teachers is very strong in developing the society, protecting the freedom and upholding the living standards. When teacher makes preparation and puts hand in hand together through the teacher union in order to negotiate with all levels of the institutions: Headmaster, Education Office, Education Department, and Ministry of Education. The way that teachers will be able to show their force and power to demand for salary increase, good living condition, and educational system improvement, is to unite the teachers' union. If the teacher still doesn't unite, and doesn't join the union, the royal government won't be interested in our misery. The teacher union has an important role to play in protecting the teachers from being abused and pushing the royal government to remove corruption and to make improvement of the education system. It means that teachers should fairly receive the benefit from the society, which allows beingable to live with suitability and dignity.
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The teachers should prepare themselves like a chopstick, one teacher like one chopstick which one can break, but teachers organize themselves like a union, no one can break.
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Chapter 1
General provision |
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Article 1 :
The Cambodia Independent Teachers' Association ( CITA) formed by the Cambodian teachers on 11 March 2000.CITA have agreed to registration by Ministry of Interior on17 July 2001. |
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Article 2:
CITA' s Headquarter is in Phnom Penh # 33 CEo, Str. 432, Sankat Boeng Trabek Khan Chamkar Morn, Phnom Penh the available change of this office by decision of National Executive Committee (NEC). CITA will form the branch committee in all provinces base on the decision of NEC. |
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Article 3:
CITA's logo is "Books Surrounding the map of Cambodia inside and dish on a pedestal Below "and motto is " Education is the Social Develop Foundation ". |
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Chapter 2
The policy of CITA |
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| Article 4: The objectives of CITA are following: |
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To promote solidarity between the private and public teachers all over the country not think irrespective of color, race, sex, religion or political belief.
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To promote quality public education for all and educational interest of students.
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Help to protect the emotional, psychology and material interest of private and public teachers. In case accusation to CITA's members, CITA' s NEC will intervene and handle the problems especially for its members.
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To promote democracy, social justice, non-violence, honestly and equity fostering concept of education directed towards understanding and good will and safeguarding peace and freedom and respect for human dignity.
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to promote the professional ability and knowledge skill for private and public teachers through the education and training programme.
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To enlarge the relationship with trade unions, local-interaction and civil society organizations, specially Education International and other teachers organization worldwide.
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To promote the education for all in line with the Prakas in Dakar in 2000.
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To promote the education programme on prevention of spreading of HIV/AID, drug usage, women trafficking.
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To protect and promote trade union and human right and advance the statute of teachers and education, workers.
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To promote Cambodia government to provide the private and public teachers with the opportunity to participate in making decision on society through the CITA. Avoiding the programme itself decide a lone.
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Chapter 3
Membership |
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Article5:
All government, non government, public, and private employees; in the teaching profession from, pre- primary to Tertiary levels above of the age of eighteen and working in Cambodia are illegible to apply for the membership of CITA. |
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Article6:
Membership shall be made and approved by the branch level. |
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Article7:
Every application registered, as a member shall pay union due 1000R and this amount will be changed according to the decision of National Executive Committee submitted to the congress. |
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Chapter 4
Rights and Responsibilities of Members
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Article8:
All members shall have equal right and to elect and be elected to governing bodies of the association.
Any member, who has no role or status to play in the state body or political party and has pedagogy, is able to stand for the candidature. |
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Article9:
All members shall have right to ask, attend, participate and vote at meetings of the branch committees and to attend meetings of delegates and the annual meeting. |
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Article10 :
All members shall abide by the constitution of association and promote the work and objective of association and regularly pay stipulated membership dues. |
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Article 11:
All members shall have right to seek union support to handle grievance and protection from being victimized in disciplinary procedure undertaken by the administration and other abuse. |
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Article 12:
All members shall work to ensure equal status of other fellow members. And respect national unity, to support union movement fighting for peace and democracy. |
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Chapter 5
Suspension and Termination of the Memberships
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Article13:
Membership shall be terminated in case, death, or suspension by National Executive Committee or member wishes to resign from union by writing to branch committee. |
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Article14:
Members who do not pay dues in one year shall be terminated from the membership if decided by the NEC. Such members may reapply for membership. |
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Article15:
Members if found after due investigation by the National Executive Committee to have violated or failed to fulfill the requirement of the constitution shall be terminated from membership.
CITA's leaders in all levels will be terminated from their position in the association if found after due investigation by the National Executive Committee to play a role or status in the political party or state body and kept as a normal member. |
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Article16:
The investigation to terminate membership shall inquire into the charges, inform and provide sufficient time for defense to the members, conduct due hearing and decide by two third majorities to terminate the membership. The detail of procedure will be stated in the by-law. |
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Article17:
Dues received from:
Yearly membership dues will be 6000 Riel or monthly dues will be 500riel. This amount will be changed according to the decision of the National Committee submitted to the congress.
Dues collected by the branch committee shall be divided 70% to the Branch Committee and 30% to the National Committee. |
Article18:
CITA's resource: |
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Donation from all legal milieus. |
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Donation from national and international organizations that is legal. |
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Legal and other actions. |
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Article19:
Notice of an amendment to the dues rate shall be announced to the member within a month. Account of dues payment shall be done every 6 months. Dues shall be collected on the first month of the fiscal year. |
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Chapter 7
Organization and Structure
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Article20 :
Members of the association in the schools shall elect school representatives every 2 years and after the election of the school representatives, members including the school representatives in the district meet every 2 years at the Branch Committee Conference. |
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Article 21:
The Branch conference elects a branch committee and delegates to the Congress base on the proportion as reached by the following calculation (Size of Congress decided by the National Executive Committee multiplied by the due paying membership in the branch divided by the total numbers of dues paying members of CITA). The Branch Committee is the executing unit at the province level. Branch conference shall be attended by the all pay dues members in the provinces. |
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Article22:
The Congress meets after the conclusion of all branch conferences in every 2 years and elects a National Committee, which is the national executing unit. The agenda, accounts and reports sent to the provinces and provincial delegates at least one month before the day of the congress. |
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Article23:
The congress shall be the highest authority of the association. The congress shall determine the major policies and targets of the association and adopts the necessary decision submitted by the National Executive Committee. All leaders including the National and branch Executive Committee are elected by secret ballot based on the nominations submitted and seconded at the provincial and Congress. Elections held and credentials confirmed by the election committee elected at the Congress by the delegates. |
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| Article 24:
The congress shall elect the general secretary, deputy general secretary, general treasurer, accounting commissioner and member of the CC by raising the hand. The congress shall review all functions undertaken by the CCU and approve program and budgets of the CC for the coming 3 years period. |
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Article24:
The National Executive Committee is the highest executive of the associate and shall direct all branch committees for the implementation of the policies as determined by the Congress. |
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Article25:
All the structures which congress adopted on 27 November 2004 will remain till upcoming congress in July 2006. |
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Chapter 8
Founded Members
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Article26:
Founding member is the member who joined and established CITA before the official declaration of creation on 11th June 2000 in Phnom Penh. |
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Article27:
Founding member should be treated as the other members. |
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Chapter 9
Branch Conference
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Article28:
The Branch conference shall be held every 3 years comprising all dues paying members in the district including the school representatives |
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Article29:
The chairmen of branch committee shall provide over the branch conference. The conference shall review the functions of the branch committee, discuss and approve budget and program for the 3years period. |
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Chapter 10
Branch Committee |
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Article 30 :
The branch committee shall comprise of at least 11 principle officers elected by the branch conference and 50% of those are women. |
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Chairmen 1 |
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Vice Chairmen 1 |
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General Secretary 1 |
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Vice general secretary 1 |
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Treasurer 1 |
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Member 6 |
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Article31 :
The branch committee shall undertake programmes approved by branch conference and directed by the NEC. |
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Article32:
The branch committee shall hold the branch conference; collect dues every year, pay 30% of the dues to the association.
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Article33:
The committee shall develop programmes and budget for its province and present it to the branch conference for approval. The committee shall appoint staff from sub committees and establish office to undertake activities in the provinces. |
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Article34:
The congress shall comprise of the delegates elected at the branch conference and the chairmen and General Secretaries of the branch committee. |
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Article35:
The congress shall be held every 3 years in December, 2006. The president of the National Executive Committee shall preside over the congress.
All founding members and members are entitled to be the president of the Cambodian Independent Teachers' Association for 2terms only, however, he/she gets the majority of supported voices from the members. |
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Article36 :
The congress shall elect the National committee from among the congress delegations. The congress shall review all functions undertaken by the association in the 3 years period and discuss, amend and approve program and budgets of National committee for the coming 3 years period. |
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Article37:
There are two kinds of congress. |
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The General Congress will be held every 3 years. The dates shall be determined by National Executive Committee.
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The Extraordinary Congress can be convince by 2/3 majority of National Executive Committee or 1/3 majority of the branch committee. The National Executive Committee shall convene and organize Congress (General congress and Extraordinary Congress).
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Chapter 12
National Committee
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Article38 :
The National Committee shall comprise of at least 11 principle officers elected of the national conference and 50% of those should be women. |
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President 1 |
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Vice President 1 |
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General Secretary 1 |
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Vice General Secretary 1 |
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Treasure 1 |
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Members 6 |
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Article39:
The National Executive Committee is the highest executing authority of the association, which meets at least once in two months and directs the branch committees. In emergency case President or one-third of The National Executive Committee shall convene the meeting. |
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Article40:
The National Executive Committee prepares by-law, forms Sub-committees, establishes offices, recruits and employs staff and clarifies the constitution when necessary. |
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Article41:
The National Executive Committee shall exercise all power and perform acts deemed necessary for promoting the interest of the union and its objectives, subject to the approval of the Congress. |
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Section13
National Council
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Article42:
National Council shall comprise of National Executive Committee and the Branch Committees. |
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Article43:
The National Council should meet every in July; the President shall preside over the National Council meeting. |
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Article44:
The National Council reviews all activities undertaken in one year's period, and make necessary recommendations for the Congress to act up and co-ordinates between the activities of each Branch Committees. |
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Article45:
The duties of the president of national and branch committees at their levels should be to: |
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Overlook and guide activities of the association . |
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The president of the association shall comply with the constitution and be spokesperson. The president can transfer its rights to any executive to be the spokesman instead of with the approval by the executive at their respective levels. |
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The President shall transfer its rights to Vice President when is absent. |
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Sign all cheques and financial statements along with General Secretary or General Treasure. |
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Cast vote in case of tie. |
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Call for committee meetings, Conferences and Congresses in consultation with the General Secretary and preside over the proceedings. |
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Sign the resolutions and minutes of each meeting at the time they are approved. |
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Inform and advise members on issues concerning the education and trade union. |
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President has the rights propos the congress or National Executive Committee to appoint or terminate advisor with the majority of the supported voices. |
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Chapter 15
Vice- President
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Article46:
The duties of the Vice-President shall be: |
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To assume the responsibilities of the president in his or her absence. |
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To be responsible for additional duties as assigned by the president and respective committee. |
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To be responsible for additional duties as assigned by the president and respective committee. |
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Chapter 16
General Secretary
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Article47 :
The duties of General Secretary at respective levels shall be: |
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To be responsible for union office, documents and membership. |
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To sign all foreign and local correspondence and official documents under the examination by the president. |
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To execute union policies and program of action in consultation with the President. |
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To take note and minutes of all meeting and conferences . |
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To be responsible for additional duties as assigned by the President and respective committee. |
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To call meetings in consultation with the President. |
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To supervise the work of the staff engaged |
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Chapter 17
Deputy General Secretary
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Article48:
The duties of Deputy General Secretary: |
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To assume the responsibilities of the General Secretary in his/her absence. |
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To be responsible for any additional duties assigned by the President, General Secretary and respective Committee. |
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To cooperate closely with President and General Secretary. |
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Chapter 18
General Treasure
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Article49:
The Treasurer shall: |
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Receive and pay funds on behalf of the association and prepare monthly statements of account. |
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Issue an official receipt for fund received. |
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Maintain books of accounts and shall sign all cheques along with President and General Secretary. |
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Prepare the budget and financial statements in consultation with the President and General Secretary and submit them to the conference, Congress and council approval. |
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Provide financial statements and assist in the audit of the accounts every year. |
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Chapter 19
Fund Management Secretary and Audit
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Article50:
The treasurer shall be responsible for the funds, accounts and statements. |
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Article51:
An audit sub-committee shall be formed if necessary by national conference. |
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Article52:
The committee shall open a bank account and deposit all fund received. President; General Secretary and Treasurer shall jointly operate the bank account. |
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Article53 :
The respective committees shall appoint an auditor to audit the yearly account .The committee shall be deemed responsible for the audit and treasure shall assist the auditor by providing necessary assistance including financial documents. |
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Chapter 20
Election and Decision-Making
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Article54:
Any member may be nominated by at least two delegates of the respective Congress to stand for any elected office. |
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Article55:
An Election Committee comprising of one president and four members shall be appointed by the Executive Committee at least three month before the elections and shall be approved by the Congress. |
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Article56:
Nominations for all offices shall be submitted to the Election Committee 21-day before the congress.
National Executive Committee shall inform all delegates to the congress on the nomination received at least 15-day before the first day of the congress. The date to submit or withdraw nomination shall be expired 7-day before the congress. |
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Article57:
The Detail Election Procedures shall be clarified in the internal regulation and approved by the Congress. |
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Article58:
The draft election campaign procedures prepared by the Election Committee shall be forwarded at least one week prior to the Congress. |
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Article59:
In case, there is only one candidate standing for any office, he/she shall be automatically elected. |
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Article60 :
Any candidate receiving the maximum number of votes shall be declared elected for the office. |
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Article61:
Election process shall be done fairly and in line with the democratic election procedures. |
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Article62 :
Each candidate may appoint one representative to observe the counting of the ballots for that candidate's election. |
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Article63:
The vote count for all elected positions shall be released to the delegates following each ballot and be published in the minutes of the Congress |
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Article64:
The ballots will be destroyed immediately after the Congress adopts their result election. |
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Article65:
The term of office shall commence following the conclusion of the Congress. The out going executives shall hand over within a month of the elections. |
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Article66:
The National Committee shall appoint a panel of five independent arbitrators to resolve all disputes including the elections. |
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Article67:
The decisions made by the arbitrators can only be challenged in the Congress |
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Article68:
All vacancies of the members of the committees and sub-committees, and treasurers shall be filled by the majority decision of the respective committees. |
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Article69:
All resignations should be addressed to the President of the respective committee. The resignations shall be decided by the respective committee and shall not be postponed for more than four months |
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Article70:
Quorums for all first meetings, Congress, conferences and councils shall be 50% of the members/delegates. If the quorum is not attended in the first and second attempt, the third attempt after a month may have quorum of 30%. In no case can any proceeding be valid with less than 30% of quorum. |
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Article71:
The vote of no confidence for the committees or the officers shall be proposed by not less than 25% of the members of the respective congress, conferences and approved by the majority vote. |
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Article72:
The Committees or 25 % of the delegates to the Conference may call for an extraordinary congress at their respective levels. |
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Chapter 21
Bulletin Information
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Article73 :
The Cambodian Independent Teachers' Association shall issue weekly or monthly bulletin. The number of bulletin per issue will be not limited and in line with the requirement of the association. |
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Article74:
The bulleting is issued to address to social situation, teachers' issues and educational sector. |
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Article75:
The NEC and branch committee compile the books in order to distribute to members of the association. The meaning of the book shall be along the line of association's policy with the approval of the NEC. |
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Chapter 22
Amendments to the Constitution and Dissolution
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Article76:
The Congress is the only body, which has the authority to amend the constitution by2/3 of the votes dissolve the association by ¾ of the Congress.
In the event of the dissolution of the union the debt and liabilities shall be fully discharged and remaining funds shall be used as decided by the majority of the National Conference. |
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Article77:
In case there is an abuse or an impact on the interest of both private and public teachers in Cambodia, the CITA will lead a peaceful and non-violent strike as an option to improve and protect their interests. All strikes led by the association will be in accordance with Article 37of the constitution of the Kingdom of Cambodia, which allows strike as last means to – |
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Protect the interest and freedom of the private and public teachers in line with all kinds of law. |
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Demand all the institutions follow the law of Cambodia |
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Improve the exercise of democracy in Cambodia |
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Chapter 24
Emergency situation
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Article78:
The President of the National Executive Committee shall have the emergency right to take decision to address issues arising from the serious problems, turmoil, and abuses of law and democracy and severe threat to teachers in consultation with the National Executive Committee. |
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Chapter 25
Final Legislation
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Article79:
This constitution shall come into effect after each article was passed by the congress on 31st December 2006. The 4th congress under this constitution will be held in December 2009. |
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Article80:
Which acts against the constitution is a van. |
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Phnom Penh, Date:31 st December2006
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