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By-laws for the Board of the GEF NGO Network

Worked out unanimously by the Board of the GEF-NGO Network
May 5 and May 6, 2001,
Washington DC

1 Purpose, aim and philosophy

The Global Environment Facility's Non Governmental Organization Network, hereafter referred to as the GEF NGO Network, was established

Recalling Agenda 21, the Rio Declaration as well as the Rio conventions, all emphasising the need to meet the challenges of a deteriorating environment by committing stakeholders in a joint effort to safeguard global environment and development, the GEF-NGO Network is established to help meet these challenges.

Its purpose is to strengthen and influence the work of the GEF at all levels, its ideals, philosophy, as well as values and goals embedded in the Environment Conventions*(to be annexed) that are at the basis of the GEF, with an aim to integrate NGOs at all levels of decision-making and implementation of programmes and projects in an accountable, transparent and participatory way to ensure a maximum degree of good governance.

2 Regions and Board

The GEF-NGO Network is divided into regions, the number to be determined by the Board**(to be annexed).

Each region elects a representative, called a Regional Focal Point, hereafter referred to as an RFP, to be an elected member of the Board of the GEF-NGO Network, hereafter referred to as the Board. The Board has at all times as many elected members as there are regions in the Network not counting the Central Focal Point.

The RFPs represent their regions in the Board, and are as such to be considered the formal representative of the GEF-NGO Network. All business to and from the Board, or from the officers of the Board to the regions, must be conducted with the respective RFPs.

3 The overall structure and function of the Board

A - General

The Board is the highest organ of the GEF-NGO Network. It meets twice a year in conjunction with the GEF Council meeting or as and when required and conducts its meeting in an orderly manner according to accepted rules of procedure in addition to the ones mentioned here.

The Board meetings are divided into two separate, but interlinked parts:

Part I. Formalities and business pertaining to the function of the Board and to the GEF NGO Network

Part II. Policy, programme and project matters in relation to the work-plan of the Board, the GEF Council as well as its NGO consultation and other GEF-related meetings and events.

Part I shall always have a set agenda as drawn up in these By-laws.

Part II has an agenda in relation to current policy, programme and projects that is of importance to the network as well as to GEF itself and may differ from meeting to meeting.

In addition to the set agenda of Part I, the Spring Meeting shall always review the current work plan of the Board, discuss and adopt the Annual Report covering last year's activities as well as last year's financial statement; the Autumn Meeting shall always discuss and adopt next year's budget, monitor the regional elections of the RFPs every two years as well as review fund-raising activities.

The Board members must receive an invitation to the Board meeting from the Central Focal Point a minimum of 6 weeks prior to each meeting, and receive the agenda for the Part II of the meeting with relevant documents preferably no later than 6 weeks prior to the meeting.

A quorum is established when at least half of the elected RFPs, are present of which one RFP must represent the donor constituencies

The Board consists of as many RFPs as there are regions. Each representative is elected for a 4 year period, and may be re-elected once. 25% of the Board is elected every 2 years.

The Board elects 1 person from an accredited NGO to function as a Central Focal Point, hereafter referred to as CFP. The CFP is also a full-fledged member of the Board.

In addition the Board selects 4 persons among its members to serve with the CFP as a Management Committee hereafter referred to as MC. All persons selected may serve for 2 years, with a maximum of 3 terms. At least 1 member of the MC must come from a donor constituency.

1 of the 4 MC members will be elected by the Board as a Co-Chair, also serving for 2 years with a maximum of 3 terms. Due consideration should be taken to the issue of gender balance in the election process.

The MC is to function in an advisory capacity, and to help expedite the functions of the CFP and the network.

Only the Board may make decisions that can commit the GEF-NGO Network. Decisions taken by the Board, and that are considered binding, must be based on consensus within the Board.

B - The Agendas

The Part I agenda for the Spring Meeting shall be:

1 Constituting the meeting
2 Election of officers
3 Final adoption of minutes from last official Board meeting
4 Activity Report from the CFP
5 Financial statement

a endorsing previous years financial report
b review current finances

6 Adoption of Annual Report from previous year
7 Regional Priorities

a The RFPs report on activities
b the concerns of the regions

8 Review and adopt current work plan

a Overall priorities for the next 3 years
b work plan for the next half year

9 Agenda point by any Board member, presented a month prior to the meeting

The Part I agenda for the Autumn Meeting shall be:

1 Constituting the meeting
2 Election of officers
3 Final adoption of minutes from last official Board meeting
4 Monitor elections and endorse results, conduct Board selections.
5 Financial statement

a discuss and adopt next years budget
b review current finances

6 Review and adopt fundraising plans
7 Regional Priorities

a The RFPs report on activities
b the concerns of the regions

8 Review and adopt current work plan

a Overall priorities for the next 3 years
b work plan for the next half year

9 Agenda point by any Board member, presented a month prior to the meeting

C - The officer of the Board

It is the responsibility of the Central Focal Point, the CFP, inter alia, with the approval of the MC, to call, set up and help prepare the Board Meetings of the GEF-NGO Network, be responsible for keeping the minutes of the Board Meetings, circulating them, as well as acquiring information and other documents that are of importance to the Board and the GEF NGO Network and disseminate this to the relevant parties.

The CFP shall carry out the decisions of the Board, function as a secretary to the Board, and as a daily link between the GEF Secretariat, the Implementing Agencies and the Board members, in accordance with § 2 in these by-laws; see to it, whenever necessary, together with the MC, that the work programme decided by the Board, is carried out and fundraise for strengthening the GEF NGO Network as directed by the Board.

The CFP shall, in conjunction with the MC and the RFPs and their constituencies, set up the agenda for the work on the GEF Council, including the NGO Consultation, circulate it to the Board which makes the final decision on the agenda.

The CFP is also charged with the responsibility of disseminating relevant information to the GEF NGO Network on an ongoing basis through, inter alia, a GEF NGO Internet service with a home page being continually updated. An important part of this service to the network is keeping an updated record of all GEF accredited NGOs.

D - the Management Committee

In addition to function in an advisory capacity, and help expedite the functions of the CFP and the network, the MC may, inter alia, take decisions on behalf of the board, if mandated to do so, may work in a capacity to carry out work on behalf of the Board. The MC should be mandated to help and advice the CFP to negotiate contracts for and on behalf of the Board. The MC shall at all times, inform the RFPs of their work.

4 Election procedures

A General

It is the responsibility of the Board to see that elections are conducted in a transparent, participatory and accountable manner. In accordance with 3, it is the Board that is the guarantor for democratic elections. The Board may annul an election if rightfully contested.

B Standard procedure

Each region conducts its own election. Only GEF accredited NGOs may nominate candidates and participate in the election within each region. A candidate representing one of the GEF accredited NGOs with good knowledge of the GEF system as expressed in §1, may be chosen as a candidate. The candidate needs to be endorsed and seconded by at least two more GEF accredited NGOs within the said region. The candidate's name is then circulated to all the above mentioned NGOs. The election process is set to last a total of 5 weeks. If the candidate is uncontested after 5 weeks, the candidate is elected as the RFP. In case of more than one candidate contesting, whoever has received most votes after the 5 week period, is declared elected to serve for a 4 year period.

C Change of the RFP organizational status

Should the elected RFP leave the organization that nominated him/ her as an RFP, and move to another GEF accredited NGO within the same region, the person retains his/her status as elected RFP within the Board.

Should the elected RFP leave the GEF accredited organizations, and move to take up other positions, or the elected RFP moves to another region but continues to work with GEF related organizations or tasks, or totally changes occupation, the position is then turned over to the Board. The Board may appoint an interim representative to function until the first regular meeting of the Board. The Board then organizes regular elections within the region in accordance with §4 section A and B.

5 Representation

Meetings with relevance to the GEF NGO Network organized within a region, and where the Board's presence is asked, representation on behalf of the Board should be carried out by the region's RFP. In a case where the said RFP is unable to participate, that RFP may nominate a replacement.

Several RFPs from the Board may participate in the same global conferences or meetings. However, if the Board is asked to be represented in an official capacity at such a meeting, one person from the Board should be selected. The nomination and selection of such a representative should take place within the Board, with the CFP facilitating the selection. Candidates should be selected with a view to their knowledge, specialty and region.

6 Code of Conduct

A General

By accepting the position as an elected RFP to be part of the GEF NGO Board, its members have accepted to work for the ideas embedded in the foundation of the United Nations, and more explicitly, as stated in § 1 of these By-laws, the ideas and values embedded in the foundations of the GEF.

The Board members shall, in representing the Network, abide by the rules and regulations for NGOs drawn up by the UN bodies relevant to the work of the GEF. However, as the Board forms an integral part of an international NGO entity, it is natural that the Board and its members, are concerned with the advancement of a flourishing NGO in their constituencies. The strengthening of people's organizations, voluntary agencies and other socially and environmentally beneficial institutions is integral to the practice of our work.

However, as working for the global environment and promoting sustainable development, is the primary raison d'etre for the GEF, the Board should always strive to work for an effective global governance structure. Such a structure should enable, encourage and support policy and decision-making leading to an effective response to environmental management needs requiring a response at the global level.

Another prerequisite, essential for effective global environmental governance is global dialogue, leading to action taking into account the needs of both developing and developed countries. This must also guide the Board's actions.

B Specific

The Regional Focal Points, the RFPs

The RFPs are charged with a number of responsibilities on behalf of the GEF NGO Network.

  • Representing their region within the broader sense of the GEF NGO Network
  • Working to promote the concerns of the Regions
  • Attendance at the Board meetings of the network
  • Attendance at the GEF Council meetings
  • Participating in other GEF related meetings
  • A willingness to lobby for the policies decide by the Network and the Board

This requires the RFPs, inter alia, to be

  • Present et the Council meetings
  • Present at the NGO consultations
  • Be prepared and have read the documents
  • Report back to the Board and the Network from all above meetings

An RFP could be revoked on the following conditions:

  • Failure to comply with the general responsibilities mentioned above, without clear and valid reasons.
  • Absence from two consecutive Board Meetings without valid reasons.
  • Complaints against the RFP will be thoroughly investigated by the Board.
  • Revocation of an RFP will only happen if 3/5th of the Board approves the motion to that affect.

The Central Focal Point, the CFP

The CFP is also charged with a number of responsibilities on behalf of the GEF NGO Network. They are similar in nature to those of the RFPs.

The interest of the GEF NGO Network should be the prime responsibility of the CFP. The CFP must work for the GEF NGO Network on a daily basis.

In addition the CFP must, inter alia, comply with these task as minimum requirements:

  • Attendance at the Board meetings of the network
  • Attendance at the GEF Council meetings
  • Participating in other GEF related meetings
  • A willingness to lobby for the policies decide by the Network and the Board
  • Interact with the GEF Secretariat on a regular basis

This requires the CFP, inter alia, to be

  • Present et the Council meetings
  • Present at the NGO consultations
  • Be prepared and have read the documents
  • Report back to the Board and the Network from all above meetings

The CFP could be revoked on the following conditions:

  • Failure to comply with the general responsibilities mentioned above, without clear and valid reasons.
  • Absence from two consecutive Board Meetings without valid reasons.
  • If the actions of the CFP display or constitutes serious conflict of interest with the NGO-GEF Network.
  • Failure to meet the duties listed under §3 C.
  • Complaints against the RFP will be thoroughly investigated by the Board.
  • Revocation of the CFP will only happen if 3/5th of the Board approves the motion to that affect.

7 Changing the By-laws

Any GEF accredited NGO and the Board itself may propose to alter, delete, add to the paragraphs or write additional paragraphs within the bylaws. Such a proposal must be introduced to the Board in writing, a minimum of 6 weeks prior to a regular Board meeting, explicitly noted under § 3, Section B, Agenda Point 9 under Part I of the Board Meeting. After approval at this meeting, all accredited GEF NGO members of the Network must be informed. The following regular Board meeting must review responses from the Network members before deciding on the alteration. The alteration becomes valid only when the decision by the Board is unanimous.

The updated By-laws should be sent to the GEF Secretariat.

8 Dissolving the Board

The Board stands dissolved:

  • In case more than 3/5th of the regions are request the dissolution of the board for valid reasons of serious misconduct.
  • In case 3/5th of the Board Members ask for dissolution with valid reasons after consultation with their respective regions.
  • In case the Board has been unable to meet for three regular and consecutive meetings.

Procedure:

  • Notification of motion of dissolution from the regions must be submitted in writing to the CFP with full details at least 3 months prior to the first regular board meeting.
  • Final decision on the motion of dissolution will be taken at the second consecutive regular meeting of the Board following the motion.
  • Should the Board be dissolved, all equipments and other items purchased or produced in the name of the GEF-NGO Network should be handed over to the GEF-Secretariat for disposal.
  • Due notification of any of the above processes must be sent to the GEF Secretariat and the GEF-NGO Network by the CFP.

 

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