The Constitution of the Abyei Youth Association

Article 1 — Interpretation of Terms

In this Constitution, unless the context otherwise requires, the following words and expressions shall carry the meaning assigned to them:

Article 2 — Name and Commencement

This Constitution shall be cited as “The Constitution of Abyei Youth Association in Juba” and shall come into force on the date of its adoption by the General Assembly and signing by the Chairperson.

Article 3 — Nature of the Association and its Territory

1. The Abyei Youth Association shall be a non-political, non-sectarian, non-religious and non-profit association.
2. It shall be a body corporate with perpetual succession, its own seal and name, known as the Abyei Youth Association.
3. It shall sue and be sued in its own name.
4. The territory of the Abyei Youth Association shall be in Juba.

Article 4 — Legality and Sovereignty

The sovereignty of this Association is vested in the youth of Abyei residing in Juba and shall be exercised by the Association through its democratic organs established by this Constitution.

Article 5 — Supremacy of the Constitution

1. This Constitution derives its authority from the will of the Abyei youth and shall be the supreme law of the Association, with legal binding force on all its members.
2. All rules, regulations, codes of conduct and by-laws shall conform to this Constitution, and all activities of the Association shall be regulated in accordance with its provisions.
3. There shall be no other association bearing the same name established without approval from the Abyei Youth Association.

Article 6 — Defense of the Constitution

1. No person or group of persons shall take or retain control of the Association’s power except in accordance with this Constitution.
2. Any member or group who attempts to take the leadership from the legitimate body outside the democratic and legal processes set forth by this Constitution commits a fundamental breach of the will of the youth, and their discipline or punishment shall be regulated by the rules and regulations.
3. Every member shall be duty-bound to resist, where possible, any member or group trying to take the leadership by illegal means from the legitimate leadership, or to abrogate this Constitution in any way.

Article 7 — Language

1. The official language shall be English and Arabic, with Dinka expressed in spoken terms.
2. Documentation shall be done in English, in conformity with the official language of the Republic of South Sudan.

Article 8 — Logo

The logo of the Association shall be: Ngok.

Article 9 — Motto, Vision and Mission

1. Motto: “Unity is our strength & power.”
2. Vision: To restore unity of Abyei youth.
3. Mission: Fostering unity amongst the youth.

Note: The Association was established in 2018.

Article 10 — Aims

The aim of the Abyei Youth Association is to foster unity amongst its members and to empower the youth through the sharing of ideas, preserving our cultural identity and morality, promoting recreational activities, and advancing socio-economic improvement.

Article 11 — Objectives

1. To promote and foster unity amongst ourselves as youth of Abyei and with other youth.
2. To promote social and cultural interaction within the Ngok community.
3. To help promote and disseminate information that encourages national reconciliation and healing across diverse communities.
4. To train youth in various skills such as ICT and vocational training in the Abyei Area.
5. To be at the forefront in the fight against poverty and hunger in the region and beyond, through agricultural awareness in all states of South Sudan.
6. To identify and mobilize all Abyei youth to know themselves as brothers and sisters.
7. To participate in solving problems and obstacles that hamper the socio-economic development and progress of the youth.
8. To be an active centre in promoting girl-child enrolment in the Abyei Area.
9. To provide support and career guidance to new students at various levels of education.
10. To actively participate in community mobilization towards education, sports and health programs.
11. To provide awareness, especially on HIV/AIDS, STDs and other epidemic diseases.
12. To discourage sectarianism, nepotism and disunity among Abyei youth wherever they are.

Article 12 — Eligibility for Membership

1. Membership shall be open to all Abyei youth who fulfil the following requirements:

1. Be a citizen from Abyei;
2. Be a citizen by registration or any other legal form;
3. Be a resident of Juba;
4. Pay membership fees;
5. Have attained the age of 18–35 years;
6. Undertake to obey the objectives of this Constitution and the code of conduct issued thereof.

2. Membership shall be classified into: (a) Registered members; and (b) Honorary members.

3. Registered members shall be drawn from Abyei youth who fulfil the eligibility requirements in sub-article (1)(a)–(f).

4. Honorary members shall be drawn from elders of Abyei; their number and tenure shall be determined by the Executive.

5. Honorary members shall not pay membership fees but shall be free to donate money or any kind of support to the Association.

6. Honorary members shall have no right to vote or be voted in, but shall have the right to participate in any discussion in meetings conducted by full members.

7. The age bracket of honorary members shall be above 45 years, with the exception of friends from other communities and countries.

Article 13 — Rights of Registered Members

Every registered member shall have:

1. The right to elect and be elected to any organ of the Association.
2. The right to be notified to attend official meetings in accordance with this Constitution.
3. The right to receive financial, social, legal, medical and technical assistance from the Association if deemed necessary.
4. The right to represent the Association in youth and community occasions on delegation, in accordance with this Constitution.
5. The right to a fair hearing in case of disputes.
6. The right to be given a membership ID card.
7. The right to participate actively in discussion and decision-making at various levels.
8. The right to freedom of expression and opinion in meetings.
9. The right to enquire about any information not understood and receive timely answers.
10. The right to propose the amendment of this Constitution.

Article 14 — Duties of Members

Every member shall be duty-bound to:

1. Adhere to the code of conduct set forth by the Association.
2. Fulfil the eligibility requirements set forth in Article 12(1)(d) & (f).
3. Defend and abide by this Constitution.
4. Report any mismanagement of the Association’s funds by any member.
5. Perform any other duties as may be assigned by the Association.

Article 15 — Loss of Membership

1. Membership may be lost under the following conditions:

1. Violation of this Constitution or by-laws, or deviation from the objectives of the Association.
2. Absence from more than three ordinary or extraordinary meetings without permission or genuine grounds, in the case of an executive member.
3. Voluntary resignation.
4. Failure to pay monthly subscription fees (per Article 12(1)(d)) for more than a year.
5. Exceeding the age of 35 years.
6. Mismanagement of the Association’s funds.
7. Insanity, as proven by medical diagnosis.
8. Death.

2. Notwithstanding the above, loss of membership under clauses (a), (b) and (d) shall only occur after exhaustion of all disciplinary proceedings, upon which the decision to terminate membership shall be carried by a two-thirds majority vote, regulated in accordance with the by-laws.

Article 16 — Restoration of Membership

1. Membership shall be restored after full payment of all prescribed fees for the specified period (Article 12(d)), where the loss was due to failure to pay subscription fees.
2. Membership shall be restored upon re-application and thorough verification by the General Assembly, where the loss was due to resignation.
3. Membership shall be restored when the member is forgiven or warned by the General Assembly, where the loss was due to violation of this Constitution.

Article 17 — Structure of the Association

The Association shall comprise the following governing organs:

1. The General Assembly.
2. The Executive Committee.

Article 18 — Functions and Powers of the General Assembly

1. Be the supreme body of the Association.
2. Members of the General Assembly must be fully registered members.
3. Call for extraordinary meetings by a two-thirds majority vote.
4. Review general policies and evaluate the overall performance of the Association.
5. Impeach Executive Committee member(s).
6. Deliberate and endorse financial and performance reports at the end of the term of office.
7. Evaluate and pass, in annual conference, the policy that favours the interest of the majority.
8. Perform any other functions necessary for attaining the objectives of the Association.

Article 19 — Meetings, Quorum and Proceedings of the General Assembly

1. The General Assembly shall convene its annual ordinary meeting once every year, and may convene extraordinary meetings within 14 days from the date of requisition by a two-thirds majority of registered members, or upon invitation by the Executive Committee, provided sufficient notice is given.
2. If quorum cannot be attained, the meeting shall be adjourned and rescheduled to convene with any number of members present within 7 days, provided it concerns the same agenda.
3. Meetings shall be presided over by the Chairperson, and in their absence, the Vice Chairperson or Secretary General.
4. Decisions and resolutions shall be passed by a simple majority vote (50% + 1) of members present; in the event of equal votes, the presiding person shall have the casting vote.

Article 20 — Term of Office

1. Any such member shall be eligible for re-election, though not for more than two terms.
2. Upon dissolution of the Executive by the Chairperson, a serving member may contest for any position.
3. The sitting Executive shall be dissolved after every two years.
4. Elections shall be held two weeks after the dissolution of the Executive.
5. Inauguration shall be carried out two weeks after the elections.

Article 21 — The Executive Committee

1. The Executive Committee shall be responsible for the daily administration of the Association and shall consist of fifteen (15) officials, including the Chairperson, Secretary General and Secretary for Finance, who are elected by the General Assembly.
2. The Vice Chairperson and other secretaries shall be appointed by the Chairperson from the members of the General Assembly.

Article 22 — Composition of the Executive

The Executive shall comprise:

1. Chairperson
2. Secretary General
3. Secretary for Finance and Planning
4. Secretary for Information
5. Secretary of Culture and Sports
6. Secretary for External Affairs
7. Secretary for Health, Gender and Social Welfare
8. Secretary for Peace and Reconciliation
9. Secretary for Education and Students’ Affairs
10. Secretary for Legal and Constitutional Affairs
11. Secretary for General Training and Research

Deputized by:

1. Deputy Chairperson
2. Deputy Secretary for Finance and Planning
3. Deputy Secretary General
4. Deputy Secretary for Information

Article 23 — Functions and Powers of the Executive

1. Be the administrative organ of the Association.
2. Formulate the general guidelines and policies of the Association.
3. Manage and direct all organs of the Association towards attaining its objectives and principles.
4. Propose projects to relevant local, national and international organizations on youth programs and developmental activities such as recreation, public information, and a Youth Centre.
5. Supervise, manage and monitor the daily operations of the various offices of the secretariat.
6. Prepare the budget, financial reports and projects, and present them to the General Assembly.
7. Enter into agreements, contracts and memoranda of understanding on behalf of the Association.
8. Borrow, receive donations, membership fees and contributions, and mobilize funds on behalf of the Association.
9. Manage the assets of the Association.
10. Initiate external relations with other associations within or outside Juba and Abyei.
11. Encourage accountability and transparency and avoid financial misappropriation.
12. Perform any other functions delegated by this Constitution and by-laws.

Article 24 — Quorum for Executive Meetings

1. The Executive shall convene a meeting once every month; extraordinary meetings may be called at any time, provided sufficient notice is served.
2. Resolutions and decisions on both procedural and substantive matters shall be made by a simple majority vote (50% + 1).

Article 25 — Duties and Responsibilities of Executive Members

(1) The Chairperson

1. Be the Chief Executive of the Association.
2. Appoint the Vice Chairperson, secretaries and their deputies, and announce the whole executive body for approval by the General Assembly within seventy-two (72) hours from the date of the election.
3. Relieve any Executive Committee member except the elected members.
4. Preside over all meetings of the Executive Body and the General Assembly.
5. Oversee the performance of the different offices of the secretariat and organs of the Association.
6. Represent the Association in any internal or external forum.
7. Perform an overall supervisory role on administrative, financial and other functions.
8. Consult with the Secretary General on matters relating to the agenda and management of meetings.
9. Be the sole accountable and responsible official of the Association.
10. Be a primary signatory on cheques, books of account, other financial transactions, and official documents.
11. Safeguard and ensure the proper functioning of the organs of the Association.
12. Perform any other functions delegated by this Constitution and by-laws.

(2) Deputy Chairperson

1. Deputize the Chairperson and act in their absence.
2. Perform any other functions assigned by the Chairperson.

(3) Secretary General

1. Be the Chief Administrator of the Association.
2. Issue membership ID cards to members.
3. Record minutes of meetings and attend to all correspondence.
4. Be the custodian of the registry, stamp and other records.
5. Prepare agendas for meetings in consultation with the Chairperson.
6. Be the secondary signatory to cheques, books of account and other financial transactions.
7. Coordinate and monitor implementation of the Association’s projects.
8. Receive all correspondence from other associations.
9. Perform any other functions assigned by the Chairperson.

(4) Deputy Secretary General

1. Deputize the Secretary General and act in their absence.
2. Perform any other functions assigned by the Secretary General.

(5) Secretary for Finance and Planning

1. Maintain financial books, records and bank accounts.
2. Receive membership and monthly subscription fees and other dues.
3. Prepare the annual budget and financial reports.
4. Be a secondary signatory to the bank account and other financial transactions.
5. Prepare and present monthly and annual financial reports to the Secretary General during Executive meetings.
6. Deposit the Association’s funds into its official bank account.
7. Head financial committees during fund-raising.
8. Prepare vouchers for auditing when requested by the General Assembly.
9. Present a financial report to the General Assembly at the end of the tenure.
10. Perform any other functions required by the Association.

(6) Deputy Secretary for Finance and Planning

1. Deputize the Secretary for Finance and act in their absence.
2. Perform any other functions assigned by the Secretary for Finance.

(7) Secretary for Information

1. Be the official spokesperson of the Association.
2. Announce meetings and their venues to all members.
3. Confirm any media news required by the Association through the office of the Information Secretary.
4. Perform any other functions assigned by the Executive from time to time.

(8) Deputy Secretary for Information

1. Deputize the Secretary for Information and act in their absence.
2. Perform any other functions assigned by the Secretary for Information or Chairperson.

(9) Secretary for Culture and Sports

1. Promote and organize cultural activities through lectures, exhibitions, shows and arts.
2. Head the sports and cultural committee.
3. Guide and encourage youth competently, and hold meetings with sports and cultural teams before functions or games.
4. Keep any non-monetary materials of the Association obtained through culture and sports teams, and submit any monies to the Finance Secretary.
5. Perform any duty assigned by the Chairperson in accordance with this Constitution.

(10) Secretary for External Affairs

1. Promote cooperation and bilateral relations between the Association and other social, non-political organizations at local, national and international levels.
2. Facilitate and coordinate projects with relevant civil society organizations.
3. Exchange visits with relevant unions at all levels.
4. Present monthly and annual reports to the Secretary General.
5. Perform any other functions assigned by the Executive Committee.

(11) Secretary for Peace and Reconciliation

1. Initiate dialogue between disputing individuals or groups as the basis for conciliation.
2. Promote unity through peace advocacy and preach harmony.
3. Work closely with other organizations and authorities in the search for sustainable peace.
4. Encourage and promote unity among members and the community.
5. Present monthly and annual reports to the Secretary General.
6. Perform any other functions assigned by the Executive.

(12) Secretary for Education and Students’ Affairs

1. Be the coordinator between students and the community on academic issues at all levels.
2. Be responsible for literacy campaigns and all education-related issues.
3. Keep data and carry out periodical attendance.
4. Represent students in internal and external forums on academic issues.
5. Present monthly and annual reports to the Secretary General.
6. Perform any other functions assigned by the Executive.

(13) Secretary for Health, Gender and Social Welfare

1. Be responsible for all health-related issues.
2. Mobilize women to participate actively in the Association.
3. Encourage women’s participation in income-generating activities.
4. Forward challenges facing women to the stakeholders.
5. Ensure the rights and needs of members are met and respected.
6. Present monthly and annual reports to the Secretary General.
7. Perform any other functions assigned by the Executive.

(14) Secretary for Legal and Constitutional Affairs

1. Be the legal advisor to the Association.
2. Represent the Association on all legal matters.
3. Be responsible for the interpretation of this Constitution.
4. Encourage awareness of the legal practice of the Constitution.
5. Supervise and guide the implementation of this Constitution and by-laws.
6. Draft the by-laws and code of conduct on behalf of the Executive and present them to the General Assembly for deliberation and endorsement.
7. Present monthly and annual reports to the Secretary General.
8. Perform any other functions assigned by the Executive from time to time.

(15) Secretary for General Training and Research

1. Develop youth vocational training programs and capacity building for members.
2. Be in charge of research and documentation.
3. Evaluate development policies, programs, plans, projects and objectives of the Association.
4. Carry out research, policy frameworks and plans of action in accordance with the Association’s aims and objectives.
5. Present monthly and annual reports to the Secretary General.
6. Perform any other functions assigned in accordance with this Constitution.

Article 26 — Elections

(A) The Independent Electoral Committee (IEC)

1. There shall be an Independent Electoral Committee tasked with carrying out Association elections.
2. The IEC shall be independent and non-partisan, and in performing its functions shall not be subject to the direction or control of any person or authority.
3. The General Assembly shall elect the IEC members three (3) weeks before the general election date.
4. The IEC shall comprise seven (7) members: (a) Chairperson; (b) Deputy Chairperson; (c) Secretary; (d) Finance Officer; (e) Information Officer; (f) Returning Officer; (g) Deputy Returning Officer.
5. The elected committee shall be subject to approval by the General Assembly.
6. IEC members shall be sworn in immediately after approval.
7. IEC members shall be sworn in by the Association’s Advocate.
8. The IEC shall be formed and exist only at the time of election.
9. Official campaigns shall be declared by the IEC Chairperson immediately after dissolution of the Executive Body.
10. The general election shall not go beyond two weeks after dissolution of the Executive Body.

(B) Functions of the Electoral Committee

1. To ensure free and fair elections are held.
2. To organize, conduct and supervise elections in accordance with this Constitution.
3. To set election rules and regulations for the smooth running of elections.
4. To ascertain, publish and declare in writing the results of the elections.
5. To compile, maintain and update the voters’ register.
6. To perform any other functions in relation to the office.
7. To ensure elections are held at a time fixed and notified in advance to members.

(C) Sources of Finance for the Electoral Committee

The Electoral Committee’s expenditure for running election processes shall be acquired from the Association account after the elections budget is approved by the Executive.

Article 27 — General Elections (Qualifications)

A candidate for election:

1. Shall be a registered member of AYA.
2. Shall have paid membership and subscription fees.
3. Shall be of sound mind.
4. Shall be in the age bracket of 18–35 years.
5. Candidates for the Chairmanship, Secretary General and Finance Secretary positions shall be elected or nominated by the General Assembly.

Article 28 — Voting at Election

1. The Chairperson, Secretary General and Finance Secretary shall be elected by the General Assembly.
2. Only a registered member who has subscribed shall be eligible to vote or be voted in.
3. Voting shall be by secret ballot.
4. Immediately after the poll, the IEC members shall proceed to count the votes.
5. Candidates’ agents shall be present at the counting of votes and ascertaining of results.
6. In the event of a tie, a run-off election shall be conducted within one week after the general elections.

Article 29 — Election Petition

1. In case of dissatisfaction about the outcome of elections, a candidate may petition the IEC within forty-eight (48) hours.
2. The IEC shall choose four (4) other competent members of the Association, with the help of the Legal Advisor, to resolve the election dispute.
3. The IEC shall, after inquiry, give an impartial decision within five (5) days of receiving the complaint.

Article 30 — Vacancies

In a situation of resignation or expulsion of an executive member leaving the position vacant, the Chairperson shall appoint any member from the General Assembly.

Article 31 — Resignation Procedure

(A) Chairperson

Where the Chairperson wishes to resign, they shall notify in writing:

1. The Executive Board through the office of Legal Affairs and the Deputy Chairperson.
2. The Executive through the office of the Secretary General.
3. The Executive shall study the resignation letter to ascertain the details.
4. If the document does not convince the Executive, they shall call the Chairperson for further hearing within one week of receipt.
5. The Deputy Chairperson shall, in writing, address the resignation to the Executive for debate and approval.
6. Resignation shall be effective at the time of approval in the Executive session.
7. The Deputy Chairperson shall occupy the office for two weeks before a new Chairperson is elected by the Executive.

(B) Any Other Official

1. Any other official wishing to resign shall do so in writing to the Chairperson, who shall study it in consultation with the Secretary for Legal Affairs.
2. The Legal Affairs office shall study and investigate as necessary, then present a report to the Chairperson on further steps.
3. The Chairperson shall then approve the resignation upon receiving the Legal Affairs report.

Article 32 — Sources of Funding

1. Membership registration fees.
2. Monthly subscription fees.
3. Unconditional grants, gifts and contributions from any persons of goodwill.
4. Any other lawful sources.

Article 33 — Financial Management

1. All funds shall be deposited into a recognized commercial bank, and accounts shall bear the signatures of the Secretary for Finance, Secretary General and Chairperson.
2. Withdrawal of funds shall be done by the signatories in accordance with this Constitution and by-laws.
3. The Association’s accounts shall be audited once a year, upon appointment of auditors by the Executive.
4. Any mismanagement of funds shall be punishable by law and in accordance with the rules and regulations adopted by the General Assembly.

Article 34 — Amendment of this Constitution

1. This Constitution shall not be amended unless the proposed amendment is approved by a two-thirds (2/3) majority vote of members present at the General Assembly meeting.
2. At least one-third of registered members shall propose the amendment and submit it in writing, not less than two weeks before, to the Secretary for Legal and Constitutional Affairs, who shall forward it to the Executive to call a General Assembly meeting for deliberation.

Article 35 — Dissolution of the Association

1. This Association shall not be dissolved unless by a resolution passed by three-quarters (3/4) of registered members present at a meeting voting for dissolution.
2. Upon dissolution, the Association’s assets shall be wound up for settlement of its debts or liabilities.
3. Any remaining assets shall be given to the Abyei Youth Association in Abyei.

Article 36 — Code of Conduct

The Association shall make a Code of Conduct and any other rules deemed necessary for the effective implementation of this Constitution.

Article 37 — Oath of Office

Before assuming office, the Chairperson and all other members of the Executive shall take the following oath before the General Assembly and the Electoral Committee, on the same day after the announcement of the Executive Committee:

“I ………… do hereby swear by Almighty God / solemnly affirm, that as the Chairperson / Secretary of the Abyei Youth Association, I shall faithfully and diligently bear true allegiance to the Abyei Youth Association and carry out my duties and responsibilities as required by this Constitution; and I shall obey, protect and abide by this Constitution, and promote and preserve the unity, integrity and dignity of the youth of Abyei. So help me God / God is my witness.”

Article 38 — Adoption of this Constitution

Having thoroughly deliberated on this Constitution with full consideration of all views, aspirations and expectations of the Abyei youth, the General Assembly affirms and declares that this Constitution has satisfied all the views of the youth and, in accordance with Article 2 herein, passes and adopts it as the governing law of the Association pending the assent of the Chairperson.

Passed and adopted by the General Assembly on this ……… day of January, 2018.

Article 39 — Assent of the Chairperson

After perusal of the whole Constitution together with its adoption by the General Assembly, and being satisfied with it, I, ……………………, the Chairperson of the Association, in accordance with Article 2, hereby give my assent and sign it into law.

Made under my hand on this ……… day of January, 2018.

The persons whose names appear below are members of the Technical Committee for the Constitutional Amendment of the Abyei Youth Association in Juba (AYA), committed to abide by the guiding principles and objectives of the Association pursuant to this Constitution.

S/No	Name	Position	Nationality	Contact
1	Mr. Amor Moyak Monykuc	Chairperson	South Sudanese	Juba · 0926904311
2	Mr. Dau Mijok Kolnyang	Vice Chairperson	South Sudanese	Juba · 0928888092
3	Mr. Aguer Lang Aguer	Secretary General	South Sudanese	Juba · 0923388623
4	Ms. Achol Miyom Mayol	Secretary for Finance	South Sudanese	Juba · 0924822860
5	Mr. Garang Monykuc Arop	Secretary for Information	South Sudanese	Juba · 0927779251
6	Mr. Luar Nyok Deng	Member	South Sudanese	Juba
7	Ms. Adau Anyel Agon	Member	South Sudanese	Juba · 0928509528

Made in Juba in the year 2018.
Witness: Kuot Ajoung Malual — Advocate and Commissioner for Oaths, Juba Market.