The National Center Of Disabled Persons

2003 And Beyond

Purpose of These Statutes

The purpose of these Statutes is to explain clearly the rules that govern the way that the National Center of Disabled Persons (NCDP) should be organized and operate both now and in the future.

These new statutes have been developed as a result of the process of revising and fully updating the original Statutes of NCDP that were written in 1997. NCDP's Executive Director and Management Adviser have undertaken this process with the full support of the Chairperson of NCDP's former Governing Body.

Introduction:

According to the Ministry of Planning Census in 1998 it is estimated that of a total population of 11,300.000 there are approximately 220,000 disabled persons living in Cambodia. However, to date there has not been any single satisfactory study that provides accurate figures related to this issue. The United Nations estimates that a more realistic figure for the number of disabled persons living in Cambodia is likely to be as high as 1.4 million people or approximately 15% of the total population.

The effects of a long-term war, landmines, disease, accidents and poverty all contribute to the incidence of disability in Cambodia.  It is widely acknowledged that disabled Cambodians are, as a group, one of the most economically deprived and socially isolated groups in the country.

Background to the Establishment of a National Centre of Disabled Persons 

The Royal Government of Cambodia, through the Ministry of Social Affairs, Labor, Vocational Training and Youth Rehabilitation  (MoSALVY)[1] has worked in many ways over the last 25 years to assist disabled people in Cambodia.  The Royal Government has been assisted in its efforts by international Non Governmental Organizations (INGOS) and by an increasing number of Cambodian NGOs that respond to the issues that affect disabled persons. There are also many disabled persons who have worked hard to overcome obstacles in their own lives and seek to help fellow disabled persons.

 In May 1994, MoSALVY formed an Organizing Committee for a 'National Center for the Handicapped'.  Furthermore, MoSALVY dedicated a site consisting of a building located at #3, Norodom Boulevard, Phnom Penh, for the Center. The Organizing Committee met regularly from May 1994 - March 1995 and during this time over 70 organizations and/or individuals attended meetings.

 On the 5th of May, 1997, His Excellency, Prime Minister Hun Sen[2] officially announced the opening of the 'National Centre of Disabled Persons', which he expected, on behalf of the Royal Government of Cambodia, to be the guide for disabled persons to improve their conditions and become more self-reliant.

 

 SECTION 1: LEGAL STATUS OF THE ORGANIZATION 

 

1.1. NAME

The organization is called the National Center of Disabled Persons.

Note: In English this name be shortened to "NCDP"

 

1.2. LOGO

The logo as shown in Appendix 1, is the symbol of NCDP.

This logo is used as the official stamp and must appear in all official correspondence and documents of NCDP.

This logo may be changed only with the approval of the Governing Body of NCDP. Any change in the logo must be announced publicly through the main Cambodian newspapers and informed directly to the Royal Government of Cambodia.

 

1.3.  IDENTITY 

NCDP is a Cambodian Non Governmental Organization (CNGO) that was established by PRAKAS[3] with the Ministry of Social Affairs, Labor, and Vocational training and Youth Rehabilitation  (MoSALVY) of the Royal Government of Cambodia. 

Note: NCDP's main building (located at 3 Norodom Boulevard) has been donated by the Royal Government of the Kingdom of Cambodia through MoSALVY. For this reason NCDP may be described as a 'semi-autonomous' organization and is expected to work in co-operation with the Royal Government of Cambodia to help achieve the 'National Plan' of the Government that is related to disabled people.

 

1.4. LOCATION 

NCDP main offices are located at #3, Norodom Boulevard, Phnom Penh.  NCDP has program offices in Kampong Speu and Kandal provinces. NCDP may establish other program offices according to the need and with approval of the Governing Body

 

SECTION 2:  VISION, MISSION, GOAL and OBJECTIVES

 

2.1. VISION

NCDP aims to see disabled persons fully participate and develop in all fields of society.

 

2.2. MISSION

NCDP's mission is to provide services and opportunities for disabled persons to fully participate in social activities.

 

2.3. Goal

Disabled persons receive information, rehabilitation, skills training, market opportunities and employment opportunities service so that they have meaningful participation and choices in family economic, health and better standard of living activities in the society and serve as the resources for other

 

2.4. OBJECTIVES

1. To promote disabled people access to rehabilitation, training, education, employment opportunities, health care and other services.

2. To support disabled people producing high quality products and to provide markets for these products.

3. To raise awareness about disability issues amongst disabled people and their families, in local communities, in the public and with local authorities in order to challenge discrimination and to develop positive attitudes.

4. To collaborate with the NGO sector, private sector, and Royal Government of Cambodia to share information, ideas, practices in order to contribute to a common strategy on disability issues.

5.  To strengthen and maintain NCDP human resources from volunteers, support staff, assistants, workers supervisors, managers, director, and to board members.

 

SECTION 3:  GOVERNING BODY

 

3.1. MEMBERSHIP OF NCDP'S GOVERNING BODY

NCDP's Governing body must have a membership of between a minimum of 5 and a maximum of 9 people. These people must be able to demonstrate a clear commitment and ability to work to help NCDP achieve its purpose: That is to promote the full participation of people with disabilities in social and economic activities of Cambodian society.

These people must be willing and able to give their time to attend meetings of NCDP's Governing Body and also to do other work that is directly related to achieving the terms of reference of the Governing Body.

These people must not be direct employees of NCDP.

Whilst members of NCDP's Governing Body may be employed to work in other organizations that also have an interest in disability issues, they must not represent the interests of any other organization in the work that they do as a member of NCDP's Governing Body.

NCDP's Governing body must work towards making sure that at least 50% of its membership is disabled persons and at least 50% women.

 

3.2. TERMS OF REFERENCE OF NCDP'S GOVERNING BODY

The main responsibilities of NCDP's Governing Body are as follows;

Clarifying the goal and objectives of NCDP and how to achieve these (strategy)

      Monitoring the overall performance of NCDP

      Managing the Executive Director of NCDP

      Ensuring that the Governing Body operates effectively and carries out its responsibilities

 

3.2.1. Clarifying the goal and objectives of NCDP and how to achieve these (strategy)

The Governing Body is responsible for making sure that all the activities that NCDP carries out do contribute towards achieving its goal and purpose.

Members of the Governing Body should carry out this responsibility by:

     Making sure everyone that is involved in NCDP is clear about NCDP's overall purpose and objectives.

     Agreeing policies and procedures that will enable NCDP to operate effectively and making sure that these policies are implemented.

     Assisting the Executive Director to clarify policy if new situations arise or activities change

     Making sure that NCDP has a strategic plan and that it is kept up to date

     Deciding whether NCDP should undertake new projects and activities or open a new office.

     Making sure that there are proper procedures for monitoring and evaluating the services that NCDP provides to disabled people and the community.

     Approve any change to NCDP's logo

 

3.2.2. Monitoring the overall performance of NCDP

Members of the Governing Body should carry out this responsibility by:

      Making sure that NCDP meets its leg responsibilities according to Cambodian law

      Making sure that NCDP has enough funds to carry out work

      Making sure that NCDP has appropriate policies and procedures to effectively manage its human resources (E.g. Staff Policy)

      Making sure about 'Equal Opportunities'. This means that NCDP should not discriminate against particular individuals or groups of people (Staff and target group) that work in the organization or who receive the services NCDP provides.

      Making sure that all premises used by NCDP are properly managed and used and that there is a safe environment for staff and visitors.

      Making sure that NCDP has adequate and appropriate insurance cover for its staff, and if necessary insurance for buildings and equipment.

 

3.2.3. Managing the Executive Director of NCDP

The governing body is responsible for making sure that NCDP's Executive Director is effectively managed and accountable for his work.

Members of the Governing Body should carry out this responsibility by:

      Preparing the contract for this post and making sure that the contract and job description are reviewed once a year.

      Clarifying the relationship between the Governing Body and Director and what level of responsibility and authority the Executive Director has.

      Making sure that the Chairperson of the Governing Body manages the Executive Director and that there are annual evaluations of his/her work according to NCDP Policy.

      Making sure that the Chairperson and Executive Director meet regularly outside of meetings of the Governing Body to share information and deal with any major problems that are directly related to NCDP (once every month).

      Recruiting a new Executive Director if necessary and making sure that there are adequate arrangements for management of NCDP if the post is vacant.

 

3.2.4. Making sure that the Governing Body operates effectively and carries out its responsibilities

The Governing Body is responsible for making sure that NCDP works according to its statutes.  Members of the Governing Body should carry out this responsibility by:

       Operating as a well informed, skilled and supportive Governing Body

       Having clear, written procedures for how the Governing Body is supposed to carry out its business (statutes) and making sure that these statutes are followed

       Holding regular meetings and making sure that everyone has the information needed to make decisions

       Having a clear annual plan of meetings and work for the Governing Body

       Making sure that there is effective communication between all the people who are involved in NCDP and who are affected by it. This may mean consulting people about an issue / idea or involving people in decision-making where necessary.

       Recruiting new members to join the Governing Body of NCDP

       Identifying training needs for members of the Governing body and planning what is the best way to meet these needs

 

3.3. MEETINGS AND DECISION MAKING

3.3.1 Frequency of Meetings

The Governing Body must have a formal meeting once every three months.

 

3.3.2. Attendance

In order for a meeting to happen at least four (4) members of the Governing Body must be present at the meeting. If this is not possible then the meeting must be rescheduled.

The Executive Director must attend all meetings of the Governing Body.

The Finance Manager may attend meetings of the Governing Body when necessary.

 

3.3.3 The Process of Decision-Making: Consensus

If decisions need to be made then they should be made using the 'consensus' method of decision-making.

Consensus decision-making tries to take into account everybody's point of view and ideas. It takes the best points from these views and ideas to try to make a decision. The main steps are:

1.  What are the facts and information about the current situation?

2. What are member's opinions and feelings about this situation? (Why do things need to change?)

3.  What are the different ideas for action

4.  What are the advantages and disadvantages of each idea for action?

5.  Can the Governing body make a decision by itself or does it need to consult with other stakeholders (key people that may be affected by the idea for action)?

6.  What are the proposals for action?

7.  What decision is everyone willing to accept?

8.  Who will do the work to implement the decision and what is the schedule (is this realistic?)

 

3.3.4. What if members cannot make a decision by consensus?

Consensus does not mean that everyone has to agree with the decision. It means that everyone is willing to accept it. If some members of the Governing Body say they are not willing to accept a proposed decision then the chairperson should ask those people to explain their reasons, 'why?' The chairperson should also ask how the proposed decision could be adapted in order for them to accept it.

 

Note: It is very important for members of the Governing body to remember that it is their responsibility to make decisions that are in the best interests of NCDP and for disabled persons in Cambodia.

However, if a decision cannot be made using the consensus method then, the Chairperson has the right to make an executive decision about the issue that is being discussed. The Chairperson may decide either:

     That no decision will be made and that more information will be gathered to help inform the decision-making.

      To make an executive decision about the issue her/himself.

All decisions that are made by the Governing Body must be clearly recorded in the minutes of the meeting.

 

3.3.5. Emergency Meetings of NCDP Governing Body.

If it is necessary to call an emergency meeting of NCDP's Governing Body then it is the responsibility of the Chairperson to do this, in consultation with the Executive Director. 

 

3.4. PERIOD OF MEMBERSHIP

The period of membership of NCDP's Governing Body is open-ended. The purpose is to encourage members that have developed a good knowledge and understanding of NCDP to be able to continue to share that knowledge.

However the positions of Chairperson and Treasurer must be reviewed every two years.

 

3.5. RECEIVING PAYMENT FOR BEING AN ACTIVE MEMBER OF NCDP'S GOVERNING BODY

Members of NCDP's Governing Body that regularly attend formal meetings of the Governing Body and make an active contribution to achieving the terms of reference of the Governing Body are entitled to receive a payment of US$20 for each meeting that they attend as compensation for any expenses that they make in order to attend the meeting and also as recognition of their hard work.

It is for each member to decide by himself or herself whether they wish to claim this money or not. If a member does not feel they need to claim this money then the money may be used to support NCDP activities in another way.

Important Notes:

Members will not receive any payment for attending training that is planned to help build their capacity and skills to be more effective in their role as members of NCDP's Governing Body.

The Chairperson of the Governing Body is not entitled to receive payment for monthly meetings with the Executive Director (see attached job description)

 

3.6. TERMINATING MEMBERSHIP OF NCDP'S GOVERNING BODY

Any member of the Governing Body that needs to resign by themselves from their position should submit a letter of resignation to the Chairperson at least 2 months before the effective date.

The Governing Body may also terminate a membership based on the following reasons:

    • If the member becomes a paid staff of NCDP
    • If the member is regularly absent from meetings without any notice
    • If the member misrepresents NCDP and its work to the public or any other organization
    • If the member gives confidential information about NCDP to the public or any other organization
    • If the member tries to use NCDP for his/her personal benefit


3.7 RECRUITING AND SELECTING NEW MEMBERS OF NCDP'S GOVERNING BODY

Members of the Governing Body in consultation with the Executive Director are responsible for recruiting new members to join the Governing Body of NCDP. Recruitment should be done in a fair and transparent way. This should include:

Preparing a job description for the post so that potential candidates understand clearly about the role and responsibilities.

Preparing a person specification for the post so that potential candidates understand clearly about the type of skills and qualities that they need to have

Holding a formal interview, to check if the potential candidate has the right skill, motivation and commitment to be a member of NCDP's Governing Body

 

3.7. PROVISION OF ADMINISTRATION AND SECRETARIAL SUPPORT TO THE GOVERNING BODY

NCDP Executive Director is responsible for making sure that there is adequate administration, secretarial and translation support for the Governing Body.

Note: The Executive Director must not do these tasks himself but must delegate this responsibility to a member of staff that has the skill to do this job.

The tasks include:

    • Booking the room for the meetings and making sure that it is clean and comfortable.
    • Organizing refreshments for the meetings
    • Typing up the agenda for the meetings
    • Distributing the agenda for the meetings
    • Distributing any other necessary documents
    • Taking minutes of the meetings
    • Typing up minutes of the meetings
    • Distributing minutes of the meetings
    • Keeping the file of NCDP Governing Body in good order

 

3.8. THE ROLE OF THE EXECUTIVE DIRECTOR IN MEETINGS OF NCDP'S GOVERNING BODY

The Executive Director is not a member of the Governing Body. The role of the Executive Director is to provide any necessary information to the Governing body and also to make recommendations to the Governing Body about what might need to happen in a particular situation. The Executive Director may also ask the Governing Body to provide advice and support on any issue that he/she is having difficulty dealing with.

 

Note: The Governing Body needs to remember that the Executive Director is the person directly responsible for the day-to-day management of NCDP. The Governing Body has a responsibility to effectively manage and support the Executive Director and to make sure that any decisions are realistic and achievable within the time and resources available.

 

SECTION 4: FINANCIAL MANAGEMENT OF NCDP

Financial management of NCDP must be carried out according to NCDP's Finance policy and procedures.

 

SECTION 5: NCDP POLICIES AND PROCEDURES

The general management of NCDP must be carried out according to NCDP policies and procedures. In particular these are;

    • NCDP Staff Policy
    • NCDP Staff Recruitment and Selection Policy
    • NCDP Staff Evaluation Policy
    • NCDP Finance Policy
    • Salary Scale Policy


SECTION 6: MAKING AN AMENDMENT TO NCDP'S STATUTES

These statutes can be amended, or articles can be added if there is agreement made by all members of the Governing Body and the Executive Director.

 

SECTION 7: Language and Meaning

This policy has been made the English languages and will be translated into Khmer. Both statutes in Khmer and English language will have the same meaning and value.

 

SECTION 8: Distribution of NCDP Statute

There are two original copies of both in Khmer and English language, NCDP Administration Manager keeps one and NCDP Executive Director keeps one. All program, project and department managers must have a copy of this statute.  This statute may copy to other staff and other relevant organizations on request.

 

SECTION 9: Update and Review of NCDP Statute

The Chairperson of NCDP Governing Body is responsible for reviewing this statute every 2 year. This should consultant with the member of the Governing Body and Executive Director of NCDP.

NCDP Executive Director is responsible to identify any necessary need to be change or recommend for change to the Chairperson of the Governing Body if it is necessary.

 

SECTION 10:  Effective of NCDP Statute 

This statute will be valid for the date of signature and the official stamp.

Note: The previous statute is not valid any more after this effective statute is approval.

 

APPENDIX 1

  BASIC JOB DESCRIPTIONS FOR KEY POSTS IN NCDP'S GOVERNING BODY

 

General Job description for all members of NCDP's Governing Body

      Work as part of a team to Clarify the goal and objectives of NCDP and how to achieve these (strategy)

     Work as part of a team to monitor the overall performance of NCDP

     Work as part of a team to manage and support the Executive Director of NCDP

    • Work as part of a team to make sure that the Governing Body operates effectively and carries out its responsibilities
    • Attend and participate in regular meetings of NCDP's Governing Body (every 2 months)
    • Read all documents that relate to the work of the Governing Body carefully before meetings
    • To make sure that there is effective decision-making in NCDP (that is positive for the organization and the target group)
    • Promote (speak positively) about NCDP and it's work in the public and to other organizations.
    • Collect information that may be useful to NCDP and share this with the Governing Body and Executive Director
    • Attend any training that the Governing Body and Executive Director think may help members to develop their skill and confidence to be more effective in their role as members of NCDP's Governing Body


Note: The roles of Chairperson and Treasurer are very important. Below is a brief description of the responsibilities that specifically relate to each role. These responsibilities are in addition to the responsibilities that are included in the general job description for all members of NCDP's governing Body.

Chairperson.

1.  Line management of the Executive Director

2. Having regular (monthly) business / supervision meetings with the Executive Director.

3. Planning the work of the Governing Body (in consultation with the Executive Director prepare an annual work-plan and schedule of meetings)

4. Chairing the meetings of the governing body

5. Making sure that NCDP as a whole sets and keeps to its policies and priorities

6. Making essential / emergency decisions if needed between meetings

7. Helping the Executive Director to make difficult decisions if necessary

8. Signing to approve policies and procedures that have been agreed by the Governing Body

9. One of the main signatories for NCDP's main bank accounts.

Treasurer

1. Monitoring the work of NCDP's Executive Director and Finance Manager to make sure that NCDP spends its money correctly and meets all its financial obligations and does not get into financial trouble.

2. Make sure that the Governing Body receives regular financial reports (quarterly) and has enough information to make important decisions about finance.

3. Advise the Executive Director and Finance Manager on issues related to funding applications and fundraising.

4. Authorize the Executive Director to open new bank accounts in the name of NCDP; 

Important Notes:

    • The Treasurer is not the line manager of the Finance Manager and should not be involved in the day-to-day financial management of NCDP.
    • The Treasurer must not be a signatory to any NCDP bank account.

[1] MoSALVY was previously referred to as MoSALVA.

[2] In May 1997 H.E. Hun Sen was Second Prime Minister

[3] A copy of the PRAKAS is attached to these NCDP Statutes