PREAMBLE
The Broadcasting Organizations which have accepted the present statutes,
- In accordance with the relevant provisions of the United Nations Charter and the Charter of the African Union on the establishment of cultural and scientific institutions,
- In consideration of the importance of broadcasting to the development of Africa as well as projecting the African image,
- Consequent upon the fundamental changes that have occured in the field of broadcasting in Africa, which have led to the development of public broadcasting organizations and the emergence of private broadcasting organizations,
- Have agreed to set up a Union under the name of African Union of Broadcasting here in after called A.U.B.
- The Vision, Mission and Core Values of the Union are as follows :
Vision
To be a first class broadcasting Union contributing to the encrichment of the quality of life and projecting the true African perspective.
Mission
To provide and sustain quality of life and development through excellent broadcasting delivery with the widest range of programmes and services to Africa and Africans worldwide.
Core values
Professionalism, Accountability, Due process, Transparency, Managerial efficiency, Operational effectiveness and Profitability.
Article 1 – Constitution
The Union shall be constituted by broadcasting organizations .
Article 2 – Legal Status and Seat
2.1. The Union shall be a professional organisation driven, among others, by professionalism, efficiency and accountability in its actions to project positively the african image within the framework of the statutes and regulations in force.
2.2. It shall be a corporate body with perpetual succession and with powers to sue and to be sued in its corporate name.
2.3. It shall have powers to acquire, own and dispose of movable and immovable property. In addition, it shall have powers to enter into agreements with host countries with respect to the Union Headquarter’s seat/or any of its subsidiarie
2.4. The seat of the Union shall be in Dakar, Senegal.
2.5. The official languages of the Union shall be English, French, Arabic and Portuguese.
Article 3 - Actions
3.1. The Union shall be an organization committed to the development and promotion of cooperation among its members as well as with other broadcasting organizations and institutions which undertake similar activities in programme and news exchange, technical, lega land training fields
3.2. The Union is a non-profit organization. However, it may pursue activities of a commercial nature to attain its objectives
Article 4 – Objectives
Professionalism and the African perspective shall be the founding principles of the Union. Its objectives shall include
4.1 to represent and defend the interests of its members in every domain and by any appropriate means.
4.2. to draw up and take all necessary measures aimed at the development and promotion of broadcasting in Africa.
4.3. to assist its members at their request during negotiations of any kind and negotiate on their behalf.
4.4. to promote and facilitate regular programme and news exchange, co-productions, organizing screening sessions as well as participation and representation in cultural events.
4.5. to coordinate the activities of members organizations in the coverage of major events.
4.6. to assume the role of advisory body in engineering and documentation centre for technical information on new technologies.
4.7. to assist and coordinate the action of its members before and during regional or international conferences on the planning of frequencies and the geostationary orbit.
4.8. to assist in satisfying the needs of its members in the field of training.
4.9. to collect information items of general interest and to regularly put them at the disposal of its members.
4.10. to offer its good offices to its members during conflicts that may arise between them and to ensure that all its members honour the provisions of international and African agreements in matters relating to Broadcasting.
4.11. to promote the creation, operation and maintenance of a broadcasting network.
4.12. to take such steps and legal actions as may enable it achieve its objectives.
Article 5 – Assets
In order to attain its objectives, the Union shall employ all adequate means of study and action, and in particular
5.1. Shall set up Commissions and Study Groups charged with the study of issues relating to their fields of specific problems.
5.2. Shall establish a Headquarters Seat with specialized departments whose prerogatives shall consist mainly of promoting the general policies of the Union as defined by its members and implementing the measures decided upon by the decision-making organs.
5.3. Shall undertake actions aimed at promoting its social objectives and in consultation with its members.
5.4. May acquire or obtain movable or immovable property required for the achievement of its objectives.
5.5. Shall collect and keep up to date any necessary documentation and undertake to publish any information on radio and television.
5.6. The Union may acquire credit facilities from financial institutions to carry out all its undertakings
Article 6 – Membership
The Union shall be composed of
6.2. Participating members and
6.3. Associate members.
Article 7 – Active Members
7.1. Any broadcasting organization or group of broadcasting organizations from any African country that is a member of the African Union, which provide national public broadcasting service with the authorization of the national authorities may be active members of the Union, provided they fulfil the following conditions
- the production of a substantial amount of its programmes through its own means;
- the programming and broadcast of varieties destined for the general public;
7.2. All active members shall contribute effectively to the implementation and promotion of the objectives of the Union and the conduct of its activities
Article 8 – Participating member
8.1 Any private broadcasting organization or group of broadcasting organizations of any African country that is member of the African Union which undertake activities similar to those of the active members and as long as it plays a major role in the country in which it is situated and can be useful to the Union shall be admitted as participating member(s).
8.2. Participating members shall form a group of broadcasting organizations with the active member(s) of their respective countries
They shall designate a representative to join the delegation of the active member(s) to participate in the sessisons of the General Assembly.
8.3. Participating members shall have the right to take the floor at General Assembly sessions and participate in the activities of the Union.
Article 9 – Associate members
9.1. Any public or private broadcasting organization or group of broadcasting organizations situated outside the African continent and which provide a broadcasting service of a national character may be admitted as associate member(s) of the Union.
9.2. Any public or private organization or group of organizations, African or
foreing, national or international, whose activities include audio-visual communication may also be admitted as associate member(s).
9.3. Associate members shall have the right to take the floor at General Assembly sessions and to participate in the activities of the Union.
Article 10 – Voting Rights and Eligibility to the Union’s Organs
10.1. Only active members shall have the right to vote in and be eligible to the Union’s Organs.
The voting right of each active member shall apply individually by each or collectively by all the members of any country and shall be considered as one member. The active member broadcasting organization or group of broadcasting organizations of each country shall have six votes.
10.2. The sharing of votes within a group of active member broadcasting organizations shall be notified to the Chief Executive Officer of the Union before the beginning of the meetings of the Union’s organs.
10.2.1. In case of individual exercice of voting right by the members of a group of broadcasting organizations, the sharing of the six votes shall be done as follows, unless otherwise agreed on by them
- a group of two broadcasting organizations operating a radio service and a television service : 3 votes each.
- A group of three broadcasting organizations operating a radio service, a television service and a telebroacast service : two votes each.
10.2.2. In case of collective exercice of voting right, the members of the group of broadcasting organizations shall notify the Chief Executive Officer before the beginning of the meetings of the Union’s organs of the modalities of the sharing of the six votes.
10.3. The right of eligibility to the Union’s organs shall be exercised individually by each active member organization, either on its own account or that of another member, or collectively by the members of the group broadcasting organizations.
10.4. Voting shall be by show of hands, unless a roll-call vote is requested. However, in the event of elections, voting shall be by secret ballot.
Article 11 - Admission of members
11.1. Broadcasting organizations or groups of broadcasting organizations which possess the necessary qualifications for membership may be admitted if the request is approved by the General Assembly on the recommendation of the Executive Council which shall specify, in particular, the category of the membership and the amount of subscription. The approval of the General Assembly shall be subject to a simple vote of the active members present or represented.
11.2. Request for admission shall be addressed through the Headquarters of the Union to the President who shall notify the active members of the request before the meeting of the Executive Council.
11.3. A group of broadcasting organizations shall be admitted to the Union as one member if it is a company or an association of right of broadcasting organizations from one and the same country which meet individually the conditions for admission to the Union.
The member thus admitted shall have only one and same representation with the same and only one identification, irrespective of the fact that the persons representing it may come from individual organizations.
11.4. No member shall give away all or part of the advantages it enjoys by virtue of its membership to another entity even when it financially controls the latter or has institutional, contractual or other links with it.
Article 12 – Resignation of members
Any member may resign from the Union after giving notice of its decision by registered letter addressed to the President, with the following effects :
12.1. Immediately after notification of the decision, the member shall cease to enjoy social rights of the Union .
12.2. The resigning member shall pay its subscription or contribution arrears
and sums due in respect of special services rendered at its request
12.3. The resignation shall take effect six months after the notification letter is received.
12.4. The amounts due under the current financial year during which the resignation notification is made shall be left to the discretion of the General Assembly which shall protect the interest of the Union whatever the case may be.
Article 13 – Suspension of members
13.1. Member organizations which fail to honour their finacial obligations for one
year shall be suspended by the General Assembly, upon recommendation of the Executive Council
13.2. Immediately after the decision, the member shall cease to enjoy all services offered by the Union and shall be deprived of all rights, in particular :
- the right to take the floor at the meetings of all the Union’s organs;
- voting right at the General Assembly as well as Executive Council meetings, should it be a member;
- eligibility to all the Union’s organs;
- appointment to a post in the permanent services of the Union;
13.3. Member organizations which commit breach of the provisions of the statutes may also be suspended by decision of the General Assembly, with a simple majority vote, on the recommendation of the Executive Council.
13.4. Suspension shall be lifted by the General Assembly on the recommendation of the Executive Council, provided the members concerned honour the financial obligations and the provisions of the Statutes.
13.5. Suspension and its lifting shall be notified to the members concerned and the other members.
Article 14 – Expulsion of members
14.1. If after one year any member suspended fails to honour its financial
obligations, it will be expelled from the Union by a decision of the General Assembly with a simple majority vote, on the recommendation of the Executive Council
14.2. The decision to expel a member may be withheld by the General Assembly with a simple majority vote on the basis of a written commitment setting out the measures it intends to adopt in order to honour its financial obligations and the provisions of the statutes.
14.3. The decision shall be automatically confirmed without any special procedure upon the observation of a breach in the schedule of payment of its financial obligations.
14.4.The decision to expel a member shall be notified to the member concerned as well as to the other members.
Article 15 – Readmission of members
Members who have resigned or have been expelled in accordance with the provisions of the statutes may be re-admitted in their former capacities provided they honour their financial obligations and pay an admission fee that is equivalent to an annual subscription or contribution.
Article 16 – The Union’s Organs
The organs of the Union shall be :
16.1. The General Assembly
16.2. The Executive Council
16.3. The Specialized Commissions
Article 17 – The General Assembly
17.1 The General Assembly which is the supreme body of the Union shall possess all the powers necessary to achieve the objectives of the Union and shall adopt its own rules of procedure.
17.2 The General Assembly shall meet once a year in ordinary session.
17.3 In addition to its ordinary sessions, the General Assembly may be convened in extraordinary session, in accordance with the provisions of article 20.2 of the present statutes.
17.4 Each member organization or group of member organizations may be represented at sessions of the General Assembly by a delegation of its choice or delegate its powers to the delegation of another member. However, no member shall represent more than two other members.
17.5 The General Assembly meeting in ordinary session shall :
17.5.1.adopt the summary record of the previous session;
17.5.2.consider the report of the Executive Council on the activities of the Union since the previous session and, in partcular, measures taken to implement its decision;
17.5.3.examine and approve the accounts of the previous financial year and discharge the Chief Executive Officer of his responsabilities ;
17.5.4.appoint auditors;
17.5.5. adopt the annual activities programme and the budget for the next financial year;
17.5.6. fix the unit rate of subscription and the amount of contribution for the following financial year;
17.5.7 .choose the date and venue of the next ordinary session of the General Assembly;
17.5.8 .elect the members of the Executive Council, the President and Vice-Presidents, the members of the specialized commissions and appoint the Chief Executive Officer. The President and Vice-Presidents shall assume the same functions at the Executive Council level.
In the event of the absence or temporary incapacity of the President, he shall be replaced in office by the 1 st Vice-President, by the 2 nd Vice-President and eventually the 3 rd Vice-President until the next General Assembly.
Should the President and the Vice-Presidents be simultaneously prevented from exercising the function of President, the Director General of the broadcasting organization of the country hosting the headquarters of the Union shall assume the function of President until the next General Assembly session.
The duration of replacement shall not be taken into account for the eligibility of the substitute.
17.5.9. establish the general conditions for recruitment and employment of the staff of the Union and decide every year on human resources requirements of the Departments;
17.5.10.consider and decide on membership requests, as well as requests for membership suspension and expulsion as recommended by the Executive Council;
17.5.11.consider and decide on any appeal that a member may have lodged against a proposal of the Executive Council
17.5.12. include in its agenda any other item which may be submitted by the Executive Council by a decision of a simple majority or at the request of a member in accordance with the provisions of the Rules of Procedure.
Article 18 – The Executive Council
18.1. The Executive Council shall be composed of :
- a President
- Three Vice-Presidents
- Representatives of 5 geographical zones
- Chief Executive Officer (CEO)
The Chief Executive Officer shall be a member without voting right.
18.2. The office of the member of the Executive Council shall be honorary.
18.3 The seats on the Executive Council shall be filled by election in the General Assembly from among the members who satisfy the conditions defined in the provisions of the Statutes.
18.4 The seats on the Executive Council shall be held for a period of two years.
18.5 The mandate of the members of the Executive Council may be renewable.
18.6 Any member of the Executive Council who relinquishes his mandate or is suspended or expelled shall be replaced by a member who satisfies the provisions of the Statutes.
18.7 .The Executive Council shall be convened at least twice a year.
18.8. The powers of the Executive Council :
The Executive Council shall :
18.8.1. exercise between the ordinary sessions of the General Assembly and subject to suspension or modification of its decisions by the latter, all the rights and powers of the General Assembly except those which are expressly reserved to it by the statutes or which it reserves to itself by an explicit decision;
18.8.2 ensure that the decisions of the General Assembly are implemented;
18.8.3 present to each ordinary session of the General Assembly the
report on the activities of the Union prepared by the Chief Executive Officer. After each of its own meetings send a summary record to all active members of the Union through the Chief Executive Officer.
18.8.4. appoint the Directors of the Departments of the Union in consultation with the Chief Executive Officer.
18.8.5 propose to the General Assembly the admission and the suspension or expulsion of members.
18.8.6. set up any study groups which it shall consider necessary for the smooth running of the Union and fix terms of reference.
18.8.7 receive and consider the reports of the Commissions and working groups and decide on further action to be taken on them.
18.8.8 examine the draft budget for the following financial year, the accounts of the previous year and the activities programme of the Union.
18.8.9 shall vote the budget in the event the General Assembly does not meet in a given year, provided it does not exceed 10% of the previous year’s budget.
18.8.10 propose the amount of the subscriptions of Active members and the contributions of the Participating and Associate members.
18.8.11. take proposals for the appointment or dismissal of the Chief Executive Officer and the Directors; it shall also appoint senior staff members on the recommendation of the Chief Executive Officer and in accordance with the staff and financial regulations in force.
18.8.12. delegate day-to-day business to the Chief Executive Officer and the Directors in their respective spheres;
18.8.13 draw up its own rules of procedure as well as those of the General Assembly and the Specialized Commissions.
Article 19 – The Specialized Commissions
19.1 The Specialized Commissions shall be :
- the Programme Commission
- the Training and Technology Commission
- the Marketing, Sales and Communications Commission
- the Administrative, Legal and Financial Commission.
19.2 The competence of the specialized commission shall extend to all matters relating to the fields which have been assigned to them for study by the Executive Council or the general Assembly.
19.3 The Specialized commissions may set up working groups charged with the study of specific issues.
19.4 The specialized commissions shall each, be composed of ten members elected for a period of two years by the General Assembly, in accordance with the provisions of the Statutes.
19.5 The specialized commissions shall appoint from among their members a Chairman and a Vice-Chairman.
19.6 The term of office of the members of the specialized commissions may be renewed.
Article 20 – Sessions of the General Assembly and Meetings of the Executive Council
20.1 Work procedure, election conditions and regulations on quorum at General Assembly sessions shall apply to the other organs of the Union.
20.2. The General Assembly shall be convened in ordinary session by the .Chief Executive Officer on behalf of the President. It shall be convened in extraordinary session under the same conditions if so requested by not less than one third of the active members.
20.3. The Executive Council shall be convened in ordinary and extraordinary sessions under the same conditions defined above.
20.4. Notices convening ordinary sessions of the General Assembly and the meetings of the Executive Council shall be dispatched under registered mail at least two months before the date fixed for the sessions. The period of notice may be shortened to one month by decision of the President for the extraordinary session of the said organs when necessary
20.5. The draft agenda for every session of the General Assembly and every
meeting of the Executive Council shall be drawn up by the Chief Executive Officer, with the approval of the President. It shall be sent to the members at least two months prior to the date fixed for the sessions and meetings.
20.6.The draft agenda of every session of the General Assembly and every
meeting of the Executive Council submitted for approval at the beginning of each session or meeting may be amended at the request of a member, if it is supported by half of the members present or represented.
20.7. The final adoption of the draft agenda shall oblige the General Assembly and the Executive Council to examine only the items that are included in the agenda, unless otherwise decided by adoption of a proposal on a point of order by a majority vote of the active members present or represented.
20.8 .Subject to other provisions of these statutes, the General Assembly and the Executive Council may validly deliberate only if the majority of the active members are present or represented.
20.9 The President shall direct the discussions and maintain order at the sessions and shall decide, whenever necessary and after consultation with the Vice-Presidents, the advisability of a closed session for only the active member organizations. The President shall have a casting vote.
20.10. The General management shall carry out the secretarial work for the Executive Council and the General
Assembly. It shall be entrusted with writing and presenting the recommendations of the Executive Council and the decisions of the General Assembly.
20.11. The decisions of the General Assembly shall be taken with a simple majority vote of the members present or represented, as regards :
- election of the President and the Vice-Presidents;
- election of the members of the Executive Council and Specialized Commissions;
- appointment and dismissal of the Chief Executive Officer;
- admission, suspension and expulsion of members;
- administrative responsibilities defined under article 17.
20.12. The decisions of the General Assembly shall be taken with two-thirds (2/3) majority of the members present or represented, as regards :
- the re-election of members of the Executive Council and the specialized commissions;
- the re-election of the President and the Vice-President;
- the re-appointment and dismissal of the Chief Executive Officer.
20.13. The revision of the provisions of the Statutes shall be approved by two-thirds (2/3) of the members present or represented in an extraordinary session of the General Assembly.
20.14. The decisions of the General Assembly on the dissolution of the Union or part of it shall be taken by three-quarters (3/4) of the members present or represented in extraodinary session.
20.15 The decisions of the General Assembly shall be binding on all members
whether or not they were present or represented at the sessions at which the decisions were taken. These decisions shall be carried out immediately unless the General Assembly decides otherwise.
20.16. Any member may appeal against the decisions of the General Assembly which have been taken in its absence. Such an appeal shall not have a suspensory effect. The appeal shall be considered by the General Assembly only if the member appealing has partly carried out the decision it is contesting.
Article 21 – The Administrative Structure of the Union
21.1. The Administrative structure of the Union shall be made up of the Office of the Chief Executive Officer and four Departments :
- Programmes
- Training and Technology
- Marketing /Sales and Communication
- Administrative, Legal and Finance
21.2. The Chief Executive Officer shall be appointed for a four-year period of office renewable once, on condition of satisfactory performance. However, this term of office may be terminated by the General Assembly whenever necessary.
21.3. The Departments shall be placed under the administrative authority of the Chief Executive Officer.
21.4. The Headquarter’s Seat of the Union shall be a permanent technical and administrative organ placed under the authority of the Chief Executive Officer.
21.5. The Chief Executive Officer shall
- coordinate the activities of the Union, with the assistance of the Directors;
- be required to write and distribute the minutes of the General Assembly and the
Executive Council meetings to the members;
- implement the decisions of the General Assembly and the Executive Council and ensure that those to be implemented by the Directors are carried out by the latter;
- distribute to all the members of the Union such information as may relate to
broadcasting;
- administerthe general budget of the Union as well as any separate budget for specific activities for which he is authorized to pass accounts, in accordance with the financial and accounting regulations;
- represent the Permanent Services in dealings with the President;
- undertake any action that falls within the framework of the normal activities of the Union.
21.6..The Directors are appointed on contract basis for a period of four years
and are eligible for re-appointment. However, this term of office may be terminated by the Executive Council whenever necessary.
The Directors shall be placed under the authority of the Chief Executive Officer and shall implement the decisions of the Union’s organs relating to their respective fields of competence.
They shall :
- carry out all duties in their respective spheres of competence;
- make available to the members of the Union all information and documents that might be of interest to them;
- present regular reports to the Chief Executive Officer on the activities carried out by their Departments;
- be responsible for the secretariat work during meetings of the specialized commissions and prepare the minutes of the meetings and ensure their distribution to the members ;
- the Directors may have dealings with the President on issues relating to their Departments through the Chief Executive Officer.
Article 22 – Financial resources of the Union
22.1. The financial resources of the Union consist of :
- Subscriptions
- Contributions
- Admission fees for new members
- Contributions of members to cover expenditure relating to specific activities
- Sales of programmes
- Sponsorship and advertizing
- Other proceeds
22.2 .Every active member or group of active members shall pay subscriptions
22.3. Every participating member and associate member shall pay a contribution for each financial year.
22.4 The annual subscription or contribution rate of each member or group of
members shall be fixed by the General Assembly.
22.5. Active members shall enjoy the general services of the Union by virtue of their
subscriptions
22.6. Participating and associate members shall enjoy rights other than those
relating to training and programme and news exchange, by virtue of their contributions. However, these services may be made available to them against payment of sums fixed by the General Assembly.
22.7. The budget shall be prepared in accordance with the provisions of the financial regulations.
22.8.The financial year shall begin on 1 January and end on the 31 December of each year. A separate report on the Union’s financial management during the financial year shall be prepared by the auditors.
Article 23 – Relations with other international organizations
The Union shall develop all forms of mutually advantageous cooperation with regional and international organizations which are concerned with audi-visual communications.
Article 24 – Amendments of Statutes
Proposals relating to the amendment of the Statutes of the Union may emanate either from the Executive Council or from one-third of the active members. Unless otherwise decided, these amendment proposals, in particular when they are substantial, shall be subject to study carried out by the competent organs of the Union before their adoption by the General Assembly, in accordance with the provisions of article 20.13 of the Statutes.
Article 25 – Dissolution of the Union
25.1. Proposal relating to the dissolution of the Union may emanate either from the Executive Council or one-third of the active members. Such proposals shall be addressed to the President of the Union and shall be examined by the General Assembly in extraordinary session, in accordance with the provisions of article 20.14 of the Statutes.
25.2.1In the event of dissolution, the net assets or liabilities of the Union shall be shared by the General Assembly, meeting in extraordinary session, among the active member organizations in proportion to the sum total of their subscriptions paid during the five financial years preceding the dissolution.
25.3. The General Assembly shall appoint a Committee of liquidation with a view to sharing the assets.
Article 26 – Authentic Text
The text of the statutes shall be drawn up in the four official languages of the Union. In the event of dispute the French text, which is the original version, shall prevail.
Article 27 – Implementation of Statutes
The statutes shall be signed and initialled by the President and the Chief Executive Officer and deposited in the Archives of the Union in Dakar (Senegal). They shall come into force as from 1 st November 2006, date of its approval by the General Assembly which met in Abuja (Nigeria) in an extraordinary session.
Article 28 – Final Provisions
These Statutes of the African Union of Broadcasting (AUB) adopted by the General Assembly of URTNA in an extraordinary session in Abuja, Nigeria on November 1, 2006 cancel and replace the provisions of the statutes of URTNA which were revised by the General Assembly in an extraordinary session in Algiers (Algeria) on 19 June 2000 , which cancelled and replaced the original version prepared by the Administrative and Legal Commission meeting in TUNIS from 17 to 21 October 19 60 and unanimously adopted by the General Assembly at its meeting in RABAT from 15 to 19 January 19 62, subsequently revised by the General Assembly meeting of CONAKRY on 5 May 19 62, ratified by the General Assembly meeting in LAGOS from 25 to 29 September 19 62 and amended by the General Assembly in CAIRO from 27 March to 6 APRIL 19 67, in BRAZZAVILLE from 17 to 23 December 19 69, in DAKAR from 16 to 18 December 1971 , in ABIDJAN from 6 to 7 February 1976 , in DAKAR from 27 to 29 January 1977 , in LOME from 2 to 4 February 1978 , in DAKAR from 5 to 7 February 1979 , during the extraordinary session of the General Assembly in NAIROBI on 3 February 1980 , in TUNIS from 2 to 3 February 1981 , in ALGIERS on 24 January 1983 in BRAZZAVILLE from 28 to 30 January 1985 , in YAOUNDE from 28 to 30 January 1988 , in DAKAR on 30 October 1990 , in MAPUTO on 12 May 1998 . It shall enter into force on 1 st November 2006.
-----------------------------------------
|