17 December 2016

Constitution of the East Timorese Justice Civil Society Organisation, Fundasaun Mahein

CONSTITUTION
FUNDASAUN MAHEIN
GENERAL PREAMBLE
https://fundasaunmahein.files.wordpress.com/2009/07/consfmeng30june2009.pdf

Fundasuan Mahein was established in June 2009 to fill a gap in the ranks of Timorese
civil society by providing for fulltime monitoring and reporting on issues relating to the
developing Timorese security in a manner which can increase citizen participation in the
process. It is the mission of Fundasuan Mahein to strengthen and develop the security
sector so that it can grant safety and thus prosperity to all Timorese citizens.
Additionally, it is will be Fundasaun Mahein’s objective to increase the participation of
the media, other NGOs, and wider civil society to substantively engage in public policy
issues relating to the security sector in a more informed, impartial and constructive
manner.

1. GENERAL PRINCIPLES
Fundasuan Mahein’s acronym is FM and the short version of the name will from herein
be FM. FM is a Non-Governmental Organisation that is a non-profit, which intends to
partner with other NGOs that work on 1) human rights, 2) vulnerable persons and 3)
issues in rural Timor-Leste, in so far as it relates to safety and security of citizens and
those security and defense issues along with the institutions as mandated by the RDTL
constitution to provide safety and security.



1. This NGO is established according to applicable law and the constitution.
2. This NGO is non-partisan and apolitical,

2. NAME, BRAND AND LOCATION
• This NGO is based in Timor-Leste
• Tetun : Fundasuan Mahein (FM)
• Indonesia : Yayasan Mahein
• English : The Guardian Foudation
• This NGO has a logo

Purpose and Activities of FM
Vision statement : that every Timorese citizen feels sovereignty, safety, and security
based on the universal declaration of human rights and the RDTL constitution.
Mission Statement: to assist in increasing the legitimacy and capacity of the Timorese
security sector through citizen participation in the development of relevant
legislation, policies and procedures.

Objectives:
1. To create and expand the space for debate, discussion, and participation in matters
relating to civilian oversight and management of the security sector;
2. To provide a public repository for information and analysis on the security sector;
and,
3. To assist in strengthening the institutional capacity of the security sector to
provide for the security and safety requirements of Timorese citizens.
4. Fundasaun Mahein will develop partnership relations with a number of key
players directly and indirectly associated with citizen participation in the
development of Timor-Leste’s security sector.

3. FOUNDERS1
FM founders are one Timorese citizen and one non-Timorese citizen. FM is a national
NGO.
Status of the founders:
1. Founders are non-elected as they founded FM.
2. The Timorese Founder shall be the first Executive Director of FM.
3. The non-Timorese shall be the first non-executive adviser to FM. This advice
shall be limited to areas relating to proposals, workplans, direction, and subject
matter. The Adviser will hold not executive or editorial role in FM.

4. ORGANISATIONAL RIGHTS
1. It has legal status, with priviledges and responsibilities, once it has completed
registration with the relevant authorities.
2. It has registered in tax office.
3. It has registered in NGO Forum Timor-Leste.

5. THE BOARD OF DIRECTORS
The Board of Directors shall be and independent and credible body. It membership shall
always consist of never less than five (5) persons and never more than nine (9) persons.
The Board of Directors can have persons of both Timorese and non-Timorese citizenship,
but the numbers of non-Timorese may never be a majority of the membership of the Nelson Belo, and Edward Rees.

Board. Members of the Board of Directors must have experience in public policy issues
in Timor-Leste as they relate to FM’s mission statement. These positions are voluntary,
non remunerative, although reasonable reimbursements for costs are only allowed.

6. DUTIES AND RESPONSIBILITIES OF THE BOARD OF DIRECTORS\
1. To meet every six (6) months in Dili, Timor-Leste at a place and time of mutual
convenience.
2. To review written activity and financial reports submitted by the Executive
Director on a monthly basis.
3. To advise on organizational policy with key staff and volunteers.
4. To ensure that FM’s activities remain true to and comply with FM’s vision and
mission statements
5. To review receive and review financial statement every 60 days, so as to monitor
and oversee financial management matters.
6. To guarantee and assure that FM assets and resources are being held and used
appropriately
7. To advise the Executive Director of FM.
8. To approve annual planning activities
9. To monitor the working programs
10. To defend FM’s reputation as and when appropriate
11. To select the Executive Director through a transparent and meritorious process,
which encourages women to apply. This will happen upon the resignation of the
first Executive Director, the co-Founder of FM.
12. Decisions of board will be declared lawful upon a majority vote of those present
at meeting of the Board of Directors.
13. To dismiss the Executive Director with majority vote of those present at meeting
of the Board of Directors.

7. DISMISSAL OF THE EXECUTIVE DIRECTOR
The expulsion toward the director is lawful only when an independent team has found
that there is evidence showing the the Executive Director is:
a. Not apolitical;
b. Guilty of professional, ethical or criminal wrongdoing;
c. in breach of this constitution.

8. EXECUTIVE DIRECTOR
The Exectutive Director must be
1. A Timorese citizen
2. Physically healthy to perform his/her role.
3. Free of a criminal record
4. Free of political affiliation

9. DUTIES AND RESPONSABILITIES OF DIRECTOR
The Exectutive Director shall:
1. Provide leadership to FM
2. Act of FM’s representative in dealings with Government, donors and civil society
partners
3. Implement board policy and decisions
4. Recruit in a transparent and meritorious manner all staff
5. Be responsible for supervising all staff, but may delegate authority to a deputy if
necessary.
6. Attend all board meetings
7. Not have voting rights at board meetings
8. Monitors all finances and assets, and through the board be responsible for the
proper accounting of finance and assets.
9. Advise and report to the Board of Directors in writing every six months but at
least 4 weeks prior to meetings of the Board of Directors.

10. ASSETS AND PROPERTY
1. FM can own the land, building, vehicles, materials, and other capital or insurance
which is lawful owner.
2. The staffs do not have private ownership any assets and property.
3. This organization utilizes fully all the necessary asset that own by FM for the
realization of the activities according to the constitution mandate and duties.

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