1. Company’s name

Asia Pacific Forum of National Human Rights Institutions.(a) The name of the company is the

(b) In this constitution, the company is referred to as the Forum.

2. Forum’s object

(a) The Forum is established for the following public charitable purpose, namely, to protect and promote the human rights of the people of the Asia Pacific region.

(b) For the purposes outlined in rule 0(a), the Forum councillors may:

(1) formulate policies;

(2) make rules in connection with any policy; and

(3) revoke or amend any policy or rules and formulate others.

3. Forum’s powers

3.1 Powers

Solely for the purpose of carrying out the Forum’s object, the Forum may:

(a) support the establishment and development of national institutions;

(b) promote cooperation and joint activity among national institutions, the United Nations, governments, human rights non-government organisations and other relevant organisations and individuals;

(c) supply, and advise on, human rights capacity building and provide human resources and other support to assist in the establishment and development of national human rights institutions;

(d) encourage the United Nations, governments, human rights non-government organisations and other relevant organisations and individuals to participate in meetings of, or arranged by, the Forum;

(e) raise funds and invite and receive contributions, grants, distributions of income or capital, gifts (by will or otherwise), loans and deposits from any person;

(f) provide funds or other material benefits by way of grant or otherwise to further the Forum’s object;

(g) co-ordinate and arrange conferences, meetings, standing committees and commissions and other forums;

(h) accept and hold funds or property of any kind on or for any charitable objects or purposes specified or to be specified by any person or to be selected by the Forum councillors from a class of trusts, objects or purposes specified by any person;

(i) accept and undertake full or partial trusteeship, administration and management of trusts and funds, whether as trustee or as agent for the trustee or otherwise, and charge and accept fees, commissions or other remuneration in respect of the trusteeship, administration and management;

(j) purchase, take on lease or in exchange, hire or otherwise acquire real or personal property, and any rights or privileges that are required for the purposes of, or capable of being conveniently used in connection with, the Forum’s object. However, if the Forum takes or holds any property which is subject to a trust, the Forum may only deal with that property in the manner allowed by law having regard to that trust;

(k) manage, lease, exchange, mortgage, charge, sell, transfer, surrender, dispose of, develop, carry on business or otherwise deal with any real or personal property or any estate or interest in property;

(l) invest, deal with and lend money and otherwise provide financial accommodation to, and guarantee or otherwise secure loans to, charitable objects or purposes;

(m) construct, improve, maintain, develop, work, manage and control real or personal property and enter into contracts and agreements;

(n) appoint a person as the Forum’s attorney or agent with the powers (including the power to sub-delegate) and on the terms the Forum thinks fit, and procure registration or recognition of the Forum in any other country or place;

(o) enter into any arrangement with any government or authority that seems conducive to the Forum’s object, obtain from any government or authority any right, privilege or concession that the Forum thinks it desirable to obtain, and carry out, exercise and comply with any of those arrangements, rights, privileges and concessions;

(p) engage, dismiss or suspend any employee, agent, contractor or professional person;

(q) borrow, raise or secure the payment of money and secure the repayment or performance of any debt, liability, contract, guarantee or other obligation by mortgage, charge or otherwise ;

(r) spend money and do all other things that it considers desirable to promote the Forum’s object;

(s) make, draw, accept, endorse, discount, execute and issue promissory notes, bills of exchange, bills of lading and other negotiable or transferable instruments;

(t) print and publish newspapers, periodicals, books or leaflets or otherwise publish information in hard copy or by electronic means;

(u) accept any gift of property, whether subject to any special trust or not, for the Forum’s object, but subject to the provisions in rule 3(j) relating to trusts (if applicable);

(v) take any steps by personal or written appeals, public meetings or otherwise, that the Forum considers expedient to procure contributions to the Forum’s funds, by way of donations, gifts (by will or otherwise), grants, sponsorships or otherwise;

(w) appoint patrons of the Forum;

(x) make donations for charitable purposes;

(y) decline or otherwise refuse to accept any gift (by will or otherwise), donation, settlement or other disposition of money or property; and

(z) do all other things that are incidental or conducive to attaining the Forum’s object.

3.2 Independence of members

Notwithstanding what is herein contained, the independence, authority and national status of each of the full members and their powers, duties and functions shall in no way be affected by the establishment of this Forum and its incorporation, or its functioning.

4. Additional powers

The Forum has the powers set out in the Act but only to the extent necessary or convenient to carry out, or incidental to carrying out, the Forum’s object.

5. Income and property

The Forum’s income and property must be applied solely towards promoting the Forum’s object. No part of the income or property may be paid, transferred or distributed, directly or indirectly, by way of dividend, bonus, fee or otherwise, to any of the members or Forum councillors. However, this rule 0 does not prohibit making a payment approved by the Forum councillors for:

(a) out-of-pocket expenses incurred by a Forum councillor in performing a duty as a councillor of the Forum; or

(b) a service rendered to the Forum by a Forum councillor in a professional or technical capacity, including as an employee, other than in the capacity as a councillor of the Forum, where:

(1) the provision of the service has the prior approval of the Forum councillors; and

(2) the amount payable is not more than an amount which commercially would be reasonable payment for the service,

or prohibit payment:

(a) in good faith to any member for goods supplied in the ordinary and usual course of business;

(b) of reasonable and proper interest on money borrowed from a member; or

(c) of reasonable and proper rent for premises let by any member to the Forum,

or indemnification of, or payment of premiums on contracts of insurance for, any Forum councillor to the extent permitted by law and this constitution.

6. Liability of members

The liability of the members is limited.

7. Guarantee by full members

(a) Every full member undertakes to contribute an amount not more than $100 to the property of the Forum if it is wound up while it is a full member or within one year after it ceases to be a full member, for:

(1) payment of the Forum’s debts and liabilities contracted before the time it ceased to be a full member;

(2) the costs, charges and expenses of winding up; and

(3) the adjustment of the rights of the contributories among themselves.

(b) There is no obligation of other members to contribute to the property of the Forum if it is wound up.

8. Establishment and operation of Public Fund

8.1 Maintaining Public Fund

The Forum must maintain for its object, a public fund to be known as the Asia Pacific Forum of National Human Rights Institutions Public Fund (Public Fund):

(a) to which gifts of money or property for that object are to be made;

(b) to which any money received by the Forum because of those gifts is to be credited; and

(c) that does not receive any other money or property.

8.2 Limits on use of Public Fund

The Forum must use the following only for its object:

(a) gifts made to the Public Fund; and

(b) any money received because of those gifts.

8.3 Receipts

The Forum must ensure that receipts for donations to the Public Fund are issued in the name of the Public Fund.

9. Winding up

(a) If, on the winding up or dissolution of the Forum, any property remains after satisfaction of all its debts and liabilities, this property must only be given or transferred to a fund, authority or institution:

(1) which is charitable at law; and

(2) whose constitution prohibits distributions or payments to its members and directors (if any) to an extent at least as great as is outlined in rule 0; and

(3) gifts to which can be deducted under Division 30 of the ITAA 97.

(b) The identity of the fund, authority or institution referred to in rule 9(a) must be decided by the members by resolution at or before the time of winding up or dissolution of the Forum and, if the members cannot decide, by the Supreme Court of the State.

(c) Where gifts to a fund, authority or institution are deductible only if, among other things, the conditions set out in the relevant table item in Subdivision 30-B are satisfied, a gift or transfer under rule 9(a) to that fund, authority or institution must be made in accordance with or subject to those conditions.

10. Altering this constitution

(a) A special resolution making a material alteration to, or materially affecting, rules 2, 5, 8, 9, or 10 except an alteration necessary to enable the Forum to comply with the fundraising or collections legislation of any state or territory of Australia, has no effect unless approved in writing by a Deputy Commissioner of Taxation.

(b) A special resolution making a material alteration to, or materially affecting, rules 14.1(d) or (e) has no effect unless approved in writing by all of the full members that may be affected by the special resolution.

11. Membership

11.1 Full members

(a) Qualifications of full members

Each full member must be a national human rights institution in the Asia Pacific region which in the opinion of the Forum councillors complies with the Paris Principles.

(b) Initial members

The initial members are:

(1) Human Rights and Equal Opportunity Commission of Australia;

(2) National Human Rights Commission of India;

(3) Indonesian National Commission on Human Rights;

(4) Human Rights Commission of New Zealand;

(5) Commission on Human Rights of the Philippines;

(6) Human Rights Commission of Sri Lanka;

(7) Fiji Human Rights Commission; and

(8) Human Rights Commission of Nepal.

(c) Status

The initial members are full members.

(d) Admission of further full members

(1) The Forum councillors may admit any institution, meeting the qualifications set out in rule 11.1, to full membership of the Forum.

(2) Every applicant for full membership (except the initial members) must be proposed by one and seconded by another full member. The application for full membership must be:

(A) made in writing and signed by the applicant and its proposer and seconder; and

(B) in the form prescribed by the Forum councillors.

(3) Subject to rule 11.1(d)(4), at the next meeting of the Forum councillors after the receipt of an application for membership, the Forum councillors must consider the application and decide whether to admit or reject the admission of the applicant. The Forum councillors need not give any reason for rejecting an application.

(4) The Forum councillors may, at their discretion, defer the consideration of an application for full membership.

11.2 Candidate members

(a) Qualifications of candidate members

Each candidate member must be a national human rights institution in the Asia Pacific region which in the opinion of the Forum councillors could comply with the Paris Principles within a reasonable period but does not do so at the time of the application for membership and which commits, in a form acceptable to the Forum councillors, to take active steps towards compliance with the Paris Principles within a reasonable period.

(b) Admission of candidate members

(1) The Forum councillors may admit any institution meeting the qualifications set out in rule 11.2(a) to candidate membership of the Forum.

(2) Every applicant for candidate membership must be proposed by one full member and seconded by another full member. The application for candidate membership must be:

(A) made in writing and signed by the applicant and its proposer and seconder; and

(B) in the form prescribed by the Forum councillors.

(3) Subject to rule 11.2(b)(4), at the next meeting of the Forum councillors after the receipt of an application for candidate membership, the Forum councillors must consider the application and decide whether to admit or reject the admission of the applicant. The Forum councillors need not give any reason for rejecting an application.

(4) The Forum councillors may, at their discretion, defer the consideration of an application for candidate membership.

(c) Rights of candidate members

Candidate members have no voting rights.

11.3 Associate members

(a) Characteristic of associate members

Each associate member must be a human rights institution in the Asia Pacific region which, in the opinion of the Forum councillors, does not comply with and is unlikely to comply with the Paris Principles within a reasonable period.

(b) Admission of associate members

(1) The Forum councillors may admit any institution, having the characteristic set out in rule 11.3(a), to associate membership of the Forum.

(2) Every applicant for associate membership must be proposed by one full member and seconded by another full member. The application for associate membership must be:

(A) made in writing and signed by the applicant and its proposer and seconder; and

(B) in the form prescribed by the Forum councillors.

(3) Subject to rule 11.3(b)(4), at the next meeting of the Forum councillors after the receipt of an application for associate membership, the Forum councillors must consider the application and decide whether to admit or reject the admission of the applicant. The Forum councillors need not give any reason for rejecting an application.

(4) The Forum councillors may, at their discretion, defer the consideration of an application for associate membership.

(c) Rights of associate members

Associate members have no voting rights.

11.4 Review of compliance by full members with the Paris Principles

(a) Occasion for review

(1) The Forum councillors may, on their own motion and at any time, decide to review the compliance of a full member with the Paris Principles.

(2) A full member must notify the Forum if there has been any change to the constitutional and/or legislative base or administration of the institution which materially impacts upon its compliance with, or ability to comply with, the Paris Principles.

(b) Review

(1) Following a decision to review under rule 11.4(a)(1) or receipt of a notification under rule 11.4(a)(2), the Forum councillors must meet to consider whether the institution complies with the Paris Principles.

(2) If the Forum councillors decide that the institution does not so comply, they may, by resolution, expel a member under rule 12.2.

11.5 Review of commitment by candidate members to comply with the Paris Principles

(a) Occasion for review

(1) The Forum councillors may, on their own motion and at any time, decide to review the commitment of a candidate member to take active steps to comply with the Paris Principles within a reasonable period.

(2) A candidate member must notify the Forum if there has been any change to the constitutional and/or legislative base or administration of the institution which materially impacts upon its commitment or ability to take those active steps to comply with the Paris Principles within a reasonable period.

(b) Review

(1) Following a decision to review under rule 11.5(a)(1) or receipt of a notification under rule 11.5(a)(2), the Forum councillors must meet to consider whether the institution is taking active steps to comply with the Paris Principles.

(2) If the Forum councillors decide that the institution is not taking those active steps, they may, by resolution, expel a member under rule 12.2.

12. When membership ceases

12.1 Resignation and other events

An institution immediately ceases to be a member if the institution:

(a) resigns as a member by giving written notice to the Forum; or

(b) becomes insolvent or makes any arrangement or composition with its creditors or if a liquidator, receiver or other external administrator is appointed in respect of the institution; or

(c) is expelled under rule12.2.

12.2 Expulsion

(a) The Forum councillors may by resolution expel a member from the Forum :

(1) if, in their absolute discretion, they decide it is not in the interests of the Forum for the institution to remain a member; or

(2) in accordance with rules 11.4(b) or 11.5(b).

(b) If the Forum councillors intend to propose a resolution under rule 12.2(a), at least one month before the meeting at which the resolution is to be proposed, they must give the member written notice:

(1) stating the date, place and time of the meeting;

(2) setting out the intended resolution and the grounds on which it is based; and

(3) informing the member, candidate member or associate member that a representative of the member, candidate member or associate member may attend the meeting and may give an oral or written explanation or submission before the resolution is put to the vote.

13. General meetings

13.1 Calling general meetings

(a) The Forum councillors may call and arrange to hold a general meeting whenever they think fit.

(b) A general meeting may be called and arranged to be held only as provided by this rule 13.1 or as provided by sections 249D, 249E, 249F and 249G of the Act.

(c) The Forum councillors may change the venue for, postpone or cancel a general meeting, unless the meeting is called and arranged to be held by the members or the court under the Act. If a general meeting is called and arranged to be held under section 249D of the Act, the Forum councillors may not:

(1) postpone it beyond the date by which section 249D requires it to be held; or

(2) cancel it without the consent of the requisitioning member.

13.2 Notice of general meetings

(a) Notice of every general meeting must be given in any manner authorised by rule 19 to:

(1) every full member, except a member who has not supplied the Forum with an address for giving notices;

(2) each Forum councillor; and

(3) the auditor.

No other person is entitled to receive notice of general meetings.

(b) A notice of a general meeting must:

(1) specify the date, time and place of the meeting; and

(2) except as provided by the Act, state the general nature of the business to be transacted at the meeting.

(c) An institution may waive notice of a general meeting by written notice to the Forum.

(d) The non-receipt of notice of a general meeting or proxy form by, or a failure to give notice of a general meeting or a proxy form to, any institution entitled to receive notice of a general meeting under this rule 13.2 does not invalidate any act, matter or thing done or resolution passed at the general meeting if:

(1) the non-receipt or failure occurred by accident or error; or

(2) before or after the meeting, the institution:

(A) has waived or waives notice of that meeting under rule 13.2(c); or

(B) has notified or notifies the Forum of the institution’s agreement to that act, matter, thing or resolution by written notice to the Forum.

(e) An institution’s attendance at a general meeting waives any objection that institution may have to:

(1) a failure to give notice, or the giving of a defective notice, of the meeting unless, at the beginning of the meeting, the institution objects to the holding of the meeting; and

(2) the consideration of a particular matter at the meeting which is not within the business referred to in the notice of the meeting, unless the institution objects to considering the matter when it is presented.

13.3 Quorum at general meetings

(a) No business may be transacted at a general meeting, except the election of a chairperson and the adjournment of the meeting, unless a quorum of members is present when the meeting proceeds to business.

(b) A quorum consists of:

(1) if the full members have fixed a number for the quorum, that number of full members; and

(2) if the full members have not fixed a number for the quorum;

(a) if the number of full members is 9 or less, 3 full members;

(b) if the number of full members is between 10 and 15, 4 full members; and

(c) if the number of full members exceeds 15, 5 full members,

present at the meeting.

(c) If a quorum is not present within 30 minutes after the time appointed for a general meeting:

(1) where the meeting was convened on the requisition of members, the meeting must be dissolved; or

(2) in any other case:

(A) the meeting stands adjourned to the day, and at the time and place, that the Forum councillors decide or, if the Forum councillors do not make a decision, to the same day in the next week at the same time and place; and

http://mn-nhrc.gov.mn/apf/en/index.php?newsid=6 http://mn-nhrc.gov.mn/apf/en/index.php?newsid=6

The Asia Pacific Forum of National Human Rights Institutions (APF) is the leading regional human rights organisation in the Asia Pacific.

Established in 1996, we are a member-based organisation that supports the establishment and strengthening of independent national human rights institutions in the region.

Our goal is to protect and promote the human rights of the people of the Asia Pacific region through the work of our member institutions.

Membership

The APF currently has 15 full members and seven associate members.

To be admitted as a full member, a national human rights institution must comply with the minimum international standards set out in the Paris Principles. Those human rights institutions, that do not fully comply with the Paris Principles, could be admitted as an associate members. Thus, any decision about membership are made with reliance to ICC accreditation.

The Forum Council is the decision-making body of the APF. The Forum Council is made up of senior representatives from the APF's full member institutions. Each full member nominates one voting councillor to participate on the Forum Council.

Any national human rights institution in the Asia Pacific can apply to join the APF. Decisions about membership are made by the Forum Council, the APF’s governing body.

Forum Council

Established by the APF Constitution the Forum Council operates as the APF's 'board of directors'. The Forum Council is the decision-making body of the APF.

The Forum Council sets the APF's policies and priorities, decides membership applications and exercises all the powers set out in the constitution.

The Forum Council is made up of senior representatives from the APF's full member institutions. Each full member nominates one voting councillor to participate on the Forum Council.

Forum Councillors can establish 'committees of councillors' to administer different aspects of the APF's operations. They can also establish 'advisory committees' to examine issues and provide opinions and advice to the APF, such as the Advisory Council of Jurists.

Forum Councillors elect a Chairperson and two Deputy Chairpersons. The Chairperson acts as the official spokesperson of the APF. These positions are held on a two-year rotating basis.

The host institution of the current APF Biennial Conferenceis normally elected Chairperson of the Forum Council. The institution that hosted the previous conference and the host institution for the next conferenceare normally elected Deputy Chairpersons.

The National Human Rights Committee of Qatar currently chairs the Forum Council. The two Deputy Chairpersons are the National Human Commission of Thailand and theNational Human Rights Commission of Mongolia.

The APF’s meetings

The APF Annual Meeting and Biennial Conference is our major decision-making forum and a catalyst for developing agreed new programs and common policy positions.

The annual meetings have a track record in developing practical and cooperative approaches to addressingshared human rights concerns. Every second year, the APF hosts a major conference in conjunction with the Annual Meeting. Itis the largest regular human rights event in the Asia Pacific region.

As an APF’s full member institution the NHRC of Mongolia is actively involved in APF’s activities, receiving professional methodological support, expressing its position on certain issues, making proposals, voting at the Forum Council and submitting its annual operational report.

The APF secretariat

The APF secretariat manages the day-to-day operations of the APF and implements the decisions of the Forum Council.

The main functions of the secretariat are to:

TWENTIETH ANNUAL MEETING AND BIENNIAL CONFERENCE OF THE

ASIA PACIFIC FORUM OF NATIONAL HUMAN RIGHTS INSTITUTIONS

26 – 28 August 2015

Best Western Premier, Ulaanbaatar, Mongolia

DRAFT PROGRAM (12 August)