P.O BOX 2353
CELL: +265 (0) 881244603/999 110 199
ATTENTION: WILSON DAMIEN ASIBU
An alliance of civil society organizations, government, private sector including the media, development partners and the general public in the protection, preservation and reclaimation of the Malawi environment
Table of Contents
Table of Contents page 2
Article 1: Organization name page 3
Article 2: Address and contacts page 3
Article 3: Vision page 3
Article 4: Aims page 3
Article 5: Objectives page 3
Article 6: Activities page 4
Article 7: Organs page 4
Article 8: The Board of Trustees page 4
Article 9: The Executive Committee page 6
Article 10: The General Assembly page 7
Article 11: The Secretariat page 7
Article 12: District and Community Environmental Watches page 7
Article 13: Finance page 7
Article 14: Loans and Scholarships page 8
Article 15: The Common Seal page 8
Article 16: Logo, Colours, Symbols & Stamps page 8
Article 17: By-Laws & Rules of Procedure page 8
Article 18: Amendments to the Constitution page 8
Article 19: Dissolution and Disposal page 9
Article 20: Association page 9
ARTICLE 1: NAME OF ORGANIZATION
The registered name of the organization is Malawi Environmental Watch herein referred to as a network alliance of civil society organizations, government, private sector, development partners and the general public in the protection, preservation and reclaimation of the Malawi environment, and that support the nation to understand, adapt to, and mitigate the impact of climate change in Malawi. The programme works in line with the Millennium Development Goal 7, as well as Malawi Growth and Development Strategy (MDGS)
ARTICLE 2: ADDRESS AND CONTACTS
The organization’s Secretariat is in Lilongwe, housed in Kamuzu Institute for Sports building, Kawale II, Lilongwe, Malawi. The postal address and contacts are: Malawi Environmental Watch, Post Office Box 2353, Lilongwe. Malawi. Cell: +265 (0) 881244603; E-mail: firstname.lastname@example.org
ARTICLE 3: VISION
The vision of the Malawi Environmental Watch is a Malawi nation that is environmentally sound, sustainable, accountable and protected.
ARTICLE 4: AIMS
The main aims of the initiative is support the Malawi nation in the protection, preservation and reclaimation of the Malawi environmental resources, whilst supporting the nation in understanding, adapting to and mitigating the impact of environmental degradation and climate change in Malawi; ii) assisting the Malawi nation to address the major national environmental threats and reclaim the depleted natural and environmental resources in Malawi by 2015 in line with Millennium Development Goal 7, and Malawi Growth and Development Strategy (MGDS).
ARTICLE 5: OBJECTIVES
1. To raise awareness on environmental issues, threats and endangered environmental and natural resources that needs protection and replacing in Malawi for stakeholders to address
2. To create platforms where environmental issues will be discussed, solutions generated and best practices shared as a way of replicating them and building competences in addressing environmental challenges in Malawi
3. To conduct evidence-based advocacy and dialogue with government, concerned parties and relevant stakeholders to influence policy and practice that protects, preserve and reclaim the Malawi environment
4. To support better management and governance of environmental and natural resources in Malawi such as water, air, forests, fisheries, land and biodiversity, etc
5. To create partnerships and collaborations country-wide in the protection, preservation and reclaimation of the Malawi environment and natural resources through building of alliance of civil society organizations, government, private sector, development partners and the general public in the protection, preservation and reclaimation of the Malawi environment and support the nation in understanding, adapting to and mitigating the impact of climate change
6. To create a watchdog that ensures policies, practice and behaviors which promotes the protection, preservation and reclaimation of the Malawi environment and ensure a Malawi nation which is environmentally sound, sustainable, accountable and protected
ARTICLE 6: ACTIVITIES
1. Carry out awareness activities on the environment and climate change
2. Mobilize human, material, financial and technical resources for the protection, preservation and reclaimation of the Malawi environment
3. Capacity building initiatives for its membership to ably address environmental and climate change issues competently in Malawi.
4. Establish local environmental networks called district and community environmental watches which will be responsible for implementation of activities at district and local level
5. Coordinate national action for environmental sustainability programmes within its membership and create platforms for sharing and learning of information and experiences
6. Carry out advocacy campaigns to influence policy and practice that protects, preserve and reclaim the Malawi environment
7. Conduct research relevant to the environmental sustainability in Malawi
8. Network and collaborate with similar institutions and organizations in Malawi and globally in the furtherance of its aims and objectives
ARTICLE 7: ORGANS OF MALAWI ENVIRONMENTAL WATCH
a. The following shall be the organs of the organization:
1. The Board of Trustees
2. The Executive Committee
3. The General Assembly
4. The Secretariat
5. District and Community Environmental Watches
b. The Board of Trustees shall be a governance organ and custodians of the organization comprised of such natural persons as shall be appointed to the Board by the General Assembly of the membership
c. The Executive Committee comprises of three arms of the organization namely Planning and Development Committee, Finance and Fundraising Committee, and Welfare and Personnel Committee
d. The General Assembly is the membership of the Malawi Environmental Watch responsible for making binding decisions of the organization which shall meet at least one a year.
e. The Secretariat shall be a professional technical organ of the organization recruited in such a manner as the Board may direct or in accordance to this constitution.
f. The District and Community Environmental Watches shall be established across the country and shall be responsible for implementation of environmental programmes at district and community levels and shall have its committees and management teams, but shall be answerable to the Malawi Environmental Watch Secretariat
ARTICLE 8: THE BOARD OF TRUSTEES
The Board of Trustees of the Malawi Environmental Watch shall be comprised of at least five and not more than nine members
The Board membership should be gender-sensitive at all times
8.1. Office bearers of the Board of Trustees
The Board shall comprise of the following office bearers:
1. The Chairperson
2. The Vice Chairperson
3. Board Secretary who shall be the head of the Malawi Environmental Watch Secretariat
4. And Ordinary Members
8.2. Tenure of Office
Members of the Board shall hold office for a renewable term of five years
A person shall not qualify as a member of the Board unless he/she is 21 years old and above with a demonstrated record of zeal for the environment and development issues
8.4. Powers, Functions and Duties of the Board
The Board shall have, exercise and perform the following powers, functions and duties:
• Uphold the values, vision, mission, identity, policies and standards of the organization
• Formulate organization’s policies and strategies aimed at realizing the values, vision, mission, objectives and aspirations of the organization
• Monitor and oversee management actions in the utilization of the organization’s resources in accordance with the organization’s policies and strategies
• Provide the Secretariat with policy guidance on the strategic direction of the organization
• Assisted with recommendations made by the Coordinator, the Board must approve the organization’s budgets and financial reports, secure financial control of the organization as well as the administrative procedures
• To participate in fundraising for the organization
• To vary and amend the constitution of this organization with the approval of the general Assembly
• With the Coordinator, formulate, review and amend the rules and regulations governing all matters not covered or adequately provided for by this constitution
8.5. Meetings of the Board
• The Board of Trustees shall meet and transact its ordinary business at least three times every calendar year
• At all its meetings shall cause to be recorded and kept minutes of all deliberations which shall be circulated to all Board members at least twenty one days after the meeting in question
• The quorum at all Board meetings shall be constituted by the presence of at least 50 percent of all the Board members
• If after one hour of the time scheduled for the Board meeting, there are less than half of the members present then the meeting shall stand adjourned to another time.
• Extraordinary Board meetings shall be called for if the need shall arise and the procedures applicable to ordinary Board meetings shall apply as well, unless otherwise the meeting may adopt any such procedures as the circumstance may demand
• Board members shall not receive any salary or honoree and to preserve their independence they work as volunteers
• The organization or other well wishers shall shoulder the costs of the Board meeting.
6.6. Termination of the Office of the Board of Trustees
a. The General Assembly shall have authority to replace and elect new Board members in case of withdrawal of if a member does not keep the terms laid down for the Board members.
b. Any Board member who fails to attend three successive meetings without a proper reason or excuse shall be considered withdrawn as the member of the Board
c. Death of a Board member
d. A Board member may resign by writing to the Chairperson of the Board at least three month in advance
ARTICLE 9: THE EXECUTIVE COMMITTEE AND ITS OPERATIONS
• There shall be an Executive Committee transacting business on behalf of the Trustees Board and in between Trustees Board meeting
• The Executive Committee shall comprise of three committees namely: Planning & Development Committee, Finance & Fundraising Committee, and Welfare and Personnel Committee. A committee chairperson shall head each committee.
• What these committees shall discuss and recommend shall be presented to the whole Board and the General Assembly for approval, and committee chairs shall be responsible for presentations on behalf of the entire committee.
b) COMMITTEES AND THEIR DUTIES
Planning & Development Committee
• Shall be responsible for the development of high level organizational plans and programmatic areas
• There shall always be a requirement that the Head of the Secretariat be in the Planning and Development Committee
• It shall be responsible for the development of short term, medium term and long term plans
• The Committee through its chairperson shall submit their plans to the whole Board and the general Assembly for approval
Finance & Fundraising Committee
• Shall be responsible for fundraising and financial issues of the organization. They shall develop fundraising strategies, financial systems and policies as well as monitor and approve financial management.
• It shall recommend budgets for the organization’s operations
• It shall submit its work to the entire Board and the General Assembly for approval
Welfare & Personnel Committee
• The welfare and personnel committee shall be responsible for the development of welfare and personnel policies, systems and procedures
• Shall be responsible for the oversight function of the day-to-day operations of the organization including on conflicts, employees welfare, funerals, operational issues, salaries, etc
• It shall submit its issues to the entire Board and General Assembly for approval
ARTICLE 10: THE GENERAL ASSEMBLY
• This is the membership of Malawi Environmental Watch as it meets in its annual meetings
• The general assembly is the absolute authority in decision-making process especially regarding policy and practice of the organization
• The decision in the general assembly shall be made or carried out basing on a simple majority of membership voting.
• Shall be responsible for electing and of Board of Trustees and Executive Committee members a well as relieving them of their duties
• The general assembly shall at least meet once in a year to transact the business of the organization which shall also include reviewing report and progress, financial management and policies
ARTICLE 11: THE SECRETARIAT
• The Secretariat shall be the headquarters of the organization
• The secretariat shall be responsible for overall management, control and general administration of all matters of the organization on a day-to-day basis
• The Coordinator shall be the head of the Secretariat headquarters of the organization
• The Secretariat shall have such persons employed as well as volunteers to fill positions that will help efficient and effective running and management of the organization as well as its programmes
• The Board of Trustees shall determine the Conditions and Services as well as remuneration and benefits of all paid up and volunteer staff through recommendations from the Coordinator.
ARTICLE 12: DISTRICT AND COMMUNITY ENVIRONMENTAL WATCHES
• District and Community Environmental watches shall be established at district and community level to implement environmental activities at district and community level
• Community activities will be coordinated at district level by the District Environmental Watches, which shall be a network of organizations and individuals working in the environmental sector at district level.
• District Environmental Watches shall be responsible for reporting to the Malawi Environmental Watch
• District and community environmental watches shall be responsible for conducting awareness campaigns, district and community-based climate change monitoring activities, advocacy as well as protection, preservation and reclaimation of the environmental resources at such levels such as raising of nurseries, mobilization and distribution of trees and communities for planting, etc.
• They shall also be responsible for the development of district and community environmental plans and facilitation of district and community meetings on the environment
ARTICLE 13: FINANCE
• The financial year of the Malawi Environmental Watch shall be from 1st January to 31st December.
• The finances of the organization shall include donations, grants, contributions, fundraised money, and gifts-in-kind
• All the funds of the organization shall be banked in the name of Malawi Environmental Watch in a reputable and recognized commercial bank or banks
• The authorized signatories of the account shall be two senior members of the Secretariat and the Coordinator
• The person in charge of finance shall account for money received, entered and spent
• At the end of each financial year, documents, books and accounts shall be submitted for audit. The board shall approve the auditors to examine the organization’s books. A copy of the auditor’s report on accounts and statement together with such accounts shall be furnished to all Board members annually
• The Coordinator shall authorize the funds of the organization and maintain control and records of such funds
ARTICLE 14: LOANS AND SCHOLARSHIPS
• The employed staff shall have access to loans within the organization as well as through Banks and other Financial Lending Institutions (FLIs) to promote their social, academic and economic development
• The organization shall make necessary steps to ensure that loans are repaid by the owner and in case of failure of individual loan repayments of loans approved by the organization taken from Financial Lending Institutions and banks; the organization shall take responsibility in footing them.
• The organization shall also provide support towards academic development of its staff through provision of education sponsorship, scholarships and loans when it is able, especially to its full time and paid employees.
ARTICLE 15: THE COMMON SEAL
• The Common Seal of the organization shall be kept by the Coordinator for safe-keeping
• The Common Seal shall not be affixed to any instrument except by the authority of the Board of Trustees and the Coordinator
ARTICLE 16: LOGO, SYMBOLS, COLOURS AND STAMPS
• Malawi Environmental Watch shall have its own colours, symbols, and an official stamp as determined by the Board of Trustees
• The Board, and authorized officers shall determine the use of the colours, symbols and stamp
• The Secretariat headquarters shall be responsible for the safe-keeping of the stamp
ARTICLE 17: BY-LAWS AND RULES OFPROCEDURE
The Trustees Board shall make the By-laws and rules of procedure with the support of the Executive Committee to regulate appointments, performance and other matters of the organization referred to it by this Constitution.
ARTICLE 18: AMENDMENTS TO THE CONSTITUTION
• At least 60 days notice of intention to amend any part or provision of this Constitution must be given through the Board Secretary to the Board of Trustees and presented to the General Assembly for approval
• The notice must specify the provisions to be amended and the proposed amendments
• A simple majority of the General Assembly is required in favour of a proposed amendment in order for it to be effective
ARTICLE 19: DISSOLUTION AND DISPOSAL OF PROPERTY UPON DISSOLUTION
The organization shall be dissolved if it has fulfilled its goals and objectives
In the event of dissolution of the organization, its property shall be sold or given to other similar organization/s to be determined by the Board of Trustees after ensuring that all out standing debts of the organization have been discharged.
ARTICLE 20: ASSOCIATION
Malawi Environmental Watch shall have a mandate to associate or partner with any such organizations with similar interest like Malawi Environmental Watch as well as those that shall promote the values, objectives, goals and aspirations of the organization.