Terms of Partnership
MEKONG MIGRATION NETWORK
TERMS OF PARTNERSHIP
As updated at the MMN General Conference, Vientiane, Lao PDR, 17-18 July 2008
1. BACKGROUND
1.1 In September 2001, the Asian Migrant Centre (“AMC”) and more than 20 regional and national partners in the Greater Mekong Subregion (“GMS”) i.e. Burma, Cambodia, Yunnan/China, Lao PDR, Thailand and Vietnam, initiated a collaborative action research project entitled “Migration in the Mekong”. During this period, project partners jointly mapped migration issues, needs and responses in the GMS and its findings were published as a first edition of the Resource Book: Migration in the GMS in 2003.
1.2 Following the initial collaborative research mentioned above, the project partners of the first phase as well as other interested organisations from the GMS met again at the “Workshop on Networking, Joint Research & Strategic Program on Migration in the Greater Mekong Subregion”, on 16-18 October 2003 in Phnom Penh, Cambodia. All the participants felt it would be desirable to form a network through which they could exchange information and conduct joint programs, due to the difficulty in assessing the issues and effectively advocating for the protection of migrants without cross-border collaboration. After the 3 days intensive discussion, the participants adopted the resolution and the Mekong Migration Network (“MMN”) was established based on this resolution.
1.3 The founding Terms of Partnership (“ToP”) were agreed and drafted at the same workshop. As stipulated under the ToP, the MMN Steering Committee (“SC”) was formed and held its first meeting on 19 October 2003 in Cambodia. Subsequent meetings of the MMN SC and members reviewed and updated the ToP. Details of the latest revision/update are noted above.
2. NATURE OF MEKONG MIGRATION NETWORK
2.1 MMN is a sub-regional, consultative, and coordinative network of advocates working for the promotion of the welfare, well-being, dignity and human rights of migrants in the GMS.
3. PRINCIPLES OF UNITY
3.1 MMN Vision
The MMN advocates for the full recognition, respect and promotion of the dignity, well-being and rights of migrants and their families. The MMN is committed to working toward realising humane, fair and just working conditions as outlined in the ILO standards on “decent work” for all cross-border migrants, free from discrimination based on class, race, ethnicity, gender, age or religion.
3.2 MMN affirms that “migrants’ rights are human rights” – that the basic human rights protected within the UN international human rights instruments, standards and treaties apply to all migrant workers, based on the principles of universality, indivisibility, inalienability and non-discrimination.
3.3 Members of MMN commit to advocating for rights of all migrants regardless of nationalities, gender, religion, ethnicity, documentation status, in the GMS.
4. Goal and Strategic Objectives
4.1 Central Goal
The central goal of the MMN is to promote the welfare, well-being, dignity and human rights (esp. labour, women’s and family rights) of migrants in the GMS, and to build mutual support and solidarity among migrants and advocates within the GMS.
4.2 Priority Areas of Work
The priority areas of work for the MMN in the GMS are as follows:
• To share and disseminate information concerning migration;
• To jointly discuss & analyse migration issues;
• To regularly publish materials relating to the issues of migration;
• To jointly strategise and plan programmes to address migration issues;
• To jointly advocate for the full recognition of human rights of Migrant Workers and their families;
• To strengthen the MMN as a network of advocates in the GMS through various means including capacity-building of the member organisations; and
• To jointly plan and conduct capacity-building, education, and training for other migrant advocates and policy makers in the GMS.
5 TERMS OF MEMBERSHIP
Regular Members
5.1 MMN membership is by organization and is open to GMS based civil society organisations working on migration related issues within the GMS, consistent with the MMN vision and principles. These include:
• Migrant workers’ organisations;
• Non-Governmental Organisations (“NGOs”);
• Community-Based Organisations (“CBOs”);
• Non-Profit Associations (“NPAs”);
• Grassroots organisations;
• Mass organisations (excluding electoral political parties);
• Youth Organisations;
• Trade unions;
• Women’s organisations;
• Faith-based organisations, and
• Academic institutes.
5.2 Organisations that qualify for membership as above are considered “regular members” of the MMN.
5.3 Member organisations must specify a contact or “person in charge” and an alternate to represent their organisation.
Associates
5.4 The following advocates of migrants’ issues in the GMS are welcome to work closely with the MMN as “associates” (working partners) of the network, but NOT as members:
• Individuals;
• NGO networks1;
• Civil society organizations based outside the GMS;
• International and regional development agencies;
• International NGOs;
• UN/Inter-Governmental Organisations (“IGOs”), and
• Government agencies.
Organizations who qualify as regular members under 5.1 but choose to be asociates can be accepted as associates.
5.5 Organisations who qualify as regular members under 5.1 but choose to be associates can be accepted as associates.
5.6 Associates have no voting power and cannot be elected as a member of the SC.
6 APPLICATION FOR NEW MEMBERS
Regular Members:
6.1 Applicant organisations must submit their membership commitment on the form provided below, wherein they commit to adhere to the MMN’s ToP.
6.2 Applicant organisations must understand and agree to the ToP in their entirety.
6.3 A letter of endorsement must be submitted to the Secretariat from one existing MMN member together with an application form and other supporting documents.
6.4 The Secretariat shall inform all existing MMN members of new applications for membership after all the documents have been received. Once all the documents are received, the secretariat shall inform the applying organisation that the application be processed within six months from the date of aforementioned letter. MMN members may express their opinions about the new applications within one month. All views expressed by member organisations regarding the applicant organisation’s proposed membership must be sent to the MMN SC and shall be taken into consideration. The SC is required to consider all applications for membership of the MMN. Application will be discussed through emails or in meetings, and the decisions will be made based on majority voting principle. In case there is an objection, the SC will further investigate, giving a due respect to the opinion of other SC members. The SC shall make a decision regarding the application within two month since the letter was sent to the applicant.
For Associates:
6.5 Individuals, groups and organisations who wish to become “associates” of the MMN must submit a written request to the MMN SC.
6.6 Associate applicant must submit their application on the form provided by MMN.
6.7 The procedure is the same as 6.4.
7 BASIC OPERATIONAL PRINCIPLES
General Conference
7.1 The MMN shall meet at a General Conference (“GC”) of members a minimum of once every two years. The general conference shall constitute the highest policy- and decision-making body of the MMN and is the forum where general policies and plans of action are approved.
Steering Committee
7.2 The SC shall be composed of seven permanent members (one from each country: Burma/Myanmar, Cambodia, Yunnan/Guangxi/China, Lao PDR, Thailand, Vietnam, and the Secretariat Coordinator). All but the Secretariat Coordinator are voting members. 50% plus one is considered quorum.
7.3 General Conference can create special voting seats as it deems necessary2. When a special seat is created, the GC shall specify the terms including duration and replacement process for the special seat.
7.4 The project holder has a special seat with voting power.
7.5 The SC is the primary decision making body regarding operational matters concerning the functioning of the MMN. The SC members are required to act as the communication points for their respective countries and/or communities. They are responsible for coordinating with other MMN members in their country as well as with the SC to supervise and facilitate the implementation of the MMN’s common agenda.
7.6 The SC shall consider and decide upon suitability of application from potential new members as per section 6.4 above.
7.7 In case where an SC member resigns from her/his mother organisation, her/his organisation shall appoint a replacement member from her/his organisation or from another MMN member organisation of the country she/he represents to complete the remaining term3. This appointment must be made within three months of the vacancy appearing and the SC must be informed promptly.
7.8 If the organisation does not appoint a representative within 6 months, it will fall to the SC to appoint a replacement.
7.9 The SC shall elect the chair within the SC.
7.10 The SC shall be responsible for budgeting and fund raising. The SC will approve overall MMN budgets.
7.11 The SC shall designate members to represent the MMN when necessary.
7.12 The SC shall be responsible for forming the MMN Management Committee (“MC”). The MC shall be comprised of three SC members. On behalf of the SC, the MC shall carry out the following functions:
i) Oversee and monitor the work of the secretariat;
ii) Facilitate staffing matters within the Secretariat; and
iii) Oversee the use of funds based on overall budget approved by the SC4.
The MC shall report back and refer decision matters to the SC as appropriate.
7.13 The SC term of office is for duration of 2 years. SC members may only serve for a maximum of 2 terms5. The SC members can stand again for election after one term (2 years) has lapsed.
7.14 When an SC member completes her/his term, the MMN members of their respective country or community shall recommend the next SC member organisation for the approval by the General Conference. The SC members who have completed only one term can be re-nominated. Where members of the SC need to be appointed between the GCs, the Secretariat shall inform all MMN members of the nomination. The MMN members can express their opinion about the nomination within two weeks. The SC shall then make a decision regarding the nomination through the majority voting principles. The approved nominees shall serve as acting SC members pending approval by the next GC.
Secretariat
7.15 The SC shall decide where the Secretariat is to be based6. It shall be composed of the Secretariat Coordinator, the MMN Information Officer, the MMN Advocacy Officer, and other staffing as appropriate. The Secretariat shall collectively take care of the day-to-day operations of the MMN and be the central point in facilitating communication between members and other partners. The Secretariat shall be accountable directly to the SC and shall report to the MC and the SC as appropriate.
7.16 The Secretariat shall facilitate the procedure as per section 6.4 above when it receives applications from potential new members.
7.17 The Secretariat will assist the SC regarding all fund raising matters.
7.18 Each Secretariat member of staff will have an employment contract with a hosting organization and with the MMN SC with a job description, which will be updated regularly7.
7.19 The employment contract shall at the minimum comply with national labour standards.
Regular communication and coordination
7.20 The MMN shall establish an effective system of communication and coordination. While the MMN Secretariat will serve as the main communication point, the MMN SC will facilitate the decision making in their respective countries where appropriate.
7.21 Among MMN members, day to day correspondences will be conducted primarily via email. The MMN members in respective countries are encouraged to meet on a regular basis, as often as circumstances allow.
Roles of members
7.22 All members shall endeavour to regularly communicate and coordinate with, give updates and report progress of work to the MMN Secretariat.
7.23 All members shall annually re-confirm their membership as specified in a guideline.
7.24 All members have rights and responsibilities to attend the GC.
Roles of associates
7.25 Associates have a right to participate in the activities organised by the MMN at their own expense.
8 JOINT STRATEGIC ACTION AGENDA
The joint strategic action agenda of the MMN are as follows:
Research and publishing
8.1 The MMN will jointly conduct multi-country collective research projects in order to, collect and update information as well as deepen the understanding and analysis of migration issues in the GMS. Research will be directed by key migration-related issues as identified by the network.
Advocacy
8.2 MMN will jointly advocate for the following:
• Migrants’ rights as enshrined within the international instruments, especially the UN MWC;
• Improved working & living conditions for migrants; and
• The adoption or change in policies and practices towards the full recognition, respect and promotion of the dignity, well-being and rights of migrants and their families are upheld and protected, including the rights of migrants to work outside of their countries of origin in humane, fair and just working conditions as outlined in the ILO standard in “decent work”; free from discrimination based on class, race, ethnicity, gender, age or religion/belief.
Information monitoring, exchange and sharing
8.3 The MMN will regularly monitor media coverage and other information relating to migration in the GMS. It shall make available information and materials on migration in the GMS through various means including its website. The MMN shall be a channel where members and other migrant advocates can exchange information and analysis.
Training and capacity-building
8.4 The MMN will conduct training to enhance the capacity of its members so they are better able to advocate for the protection and promotion of migrants’ rights in the GMS.
8.5 In order to carry out this function the MMN will develop training programs or materials as necessary.
8.6 The MMN shall reach out to policy makers and other relevant bodies with the objective to mainstream the migrants’ rights perspective.
Networking
8.7 The MMN will strive to strengthen the network and to reach out to new potential members and associates.
8.8 The MMN shall endeavour to build links with other networks and movements whose principles are consistent with that of MMN.
8.9 The above strategic agenda shall be translated into periodic plans of action.
8.10 The latest MMN Plan of Action and List of Members are attached.
Footnotes
1 A “network” has membership that is composed of two or more different organisations. This applies to all levels: local, national, regional and international networks.
2 Subject to further review by the GC, a special seat was created in July 2008 to represent Burmese groups in Thailand.
3 SC recommends to allow this type of appointment from another MMN member organisation in the country. (2 April 2009 SC meeting)
4 When the MMN starts raising its own fund, the SC shall approve the overall budget and the Management Committee shall oversee the use of funds based on the overall budget.
5 The current term of the MMNSC is June 2007-May 2009. Half of the MMNSC will resign effective of 1 June 2009, another half in May 2010. (Next cycle: 2009-2011 & 2010-2012)
6 As of 2008, the Secretariat is based both in MAP, Chiang Mai and AMC, Hong Kong with the MMN Advocacy Officer located at MAP and the MMN Information officer and the MMN Secretariat coordinator based at AMC.
7 At the time of renewal of contract or annually.
For membership application, please fill in the following form and send by email to the MMN Secretariat, info@mekongmigration.org.
MEMBERSHIP COMMITMENT
We confirm our commitment to become a member of the Mekong Migration Network (MMN).
We agree to the above basic framework principles and Terms of Partnership of MMN, commit to respect, adhere to and promote these principles, help in the strengthening of the MMN, jointly work with our co-members towards the achievement of these goals and fulfil our responsibilities as a member of the MMN.
Name of organization:
Chairperson or chief officer:
Designated contact person for MMN:
Alternate contact person:
Address:
Phone/fax/email/website
*Membership of other networks (if any):
All of the following supplementary documents (in English or in any of Mekong language) must be attached:
[ ] Constitution or organisation vision, mission & objectives papers of the organization
[ ] Most recent annual report
[ ] Endorsement letter from an existing MMN member
Signed:
Chairperson/chief officer:
Designated contact person for MMN:
(if other than chief officer)
MMN Membership confirmed by: ____________________
Date of membership: _______________________
MMN Associate Application for Organizations
We confirm our commitment to become an associate of the Mekong Migration Network (MMN).
We agree to the basic framework principles and Terms of Partnership of MMN, commit to respect, adhere to and promote these principles, help in the strengthening of the MMN, jointly work with our co-members towards the achievement of these goals.
Name of organization:
Brief Description of organization:
Chairperson or chief officer:
Designated contact person for MMN:
Address:
Phone:
Fax:
Email (contact person):
Website:
*Membership of other networks (if any):
Date:
Signed:
Chairperson/chief officer:
Contact person for MMN (if other than chief officer):
MMN Membership confirmed by: ____________________
Date of membership: _______________________
MMN Associate Application for Individuals
I confirm our commitment to become an associate of the Mekong Migration Network (MMN).
I agree to the basic framework principles and Terms of Partnership of MMN, commit to respect, adhere to and promote these principles, help in the strengthening of the MMN, jointly work with our co-members towards the achievement of these goals.
Name:
Areas of expertises/interests:
Address:
Phone:
Fax:
Email:
*Membership of other networks (if any):
Date:
Signed:
MMN Membership confirmed by: ____________________
Date of membership: _______________________