CURRENT RULES OF PROCEDURE FOR COMPARISON WITH PROPOSED AMENDMENTS

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RULES  OF  PROCEDURE

OF  THE  ASSEMBLY  OF  DELEGATES OF  INTERNATIONAL  PEN

 

 

Rule 1             Convening of the Assembly of Delegates
 
A communication convening the Assembly of Delegates, together with the draft agenda, shall be addressed by the International Secretary to all Centres not later than six weeks before the date of the opening of the Assembly.
 
Rule 2             Agenda of the Assembly of Delegates
 

(a)        The International Secretary shall prepare the draft agenda of each Assembly of Delegates and shall submit it for the approval of the Board.

 

(b)        The draft agenda shall be sent to all the Centres in accordance with Rule 1 of these Rules of Procedure.

 
(c)        The agenda of the Assembly of Delegates shall contain the following items:
 

(i)        the report of the Board;

 

(ii)        the International Treasurer's report on the finances of International PEN, as well as the budget of International PEN for the following year;

 

(iii)       the International Secretary's report on International PEN's activities, which shall include an itemised account of any pending business relating to the previous resolutions of the Assembly of Delegates.

 

(iv)      other items as deemed necessary.

 
Rule 3             Chairperson of the Assembly of Delegates
 
The International President shall serve as Chairperson of the Assembly of Delegates, or may delegate this responsibility.
 
Rule 4             Rights and Duties of the Chairperson
 
(a)        The Chairperson shall:
 
            (i)        declare the opening and closure of each meeting;
 

(ii)        before proceeding to the agenda, bring before the Assembly of Delegates any communication which in his or her opinion may immediately concern it;

 

(iii)      appoint two scrutineers to assist the International Secretary in the conduct of the voting;

 

(iv)       direct the discussions, maintain order, ensure the observance of the Regulations and of the Rules of Procedure by such means as circumstances may demand, accord or withdraw the right to address the Assembly of Delegates and put motions, resolutions and amendments to the vote;

 

(v)        in exceptional circumstances at his or her discretion, declare a meeting or any part thereof private, as provided in Rule 5 (h).

 
(b)       The Chairperson shall not vote.
 

(c)        In the absence of both the Chairperson or his or her delegate during a meeting or any part thereof, the Assembly of Delegates shall choose an Acting Chairperson who, until the Chairperson or his or her delegate resumes the Chair, shall have the same rights and duties as the Chairperson.

 
Rule 5             The Conduct of the Assembly of Delegates
 
(a)        No one shall address a meeting except by permission of the Chairperson.
 
(b)       The Chairperson may exercise discretion in selecting the order of speakers.
 

(c)        No one shall be entitled to speak more than once upon the same motion, resolution or amendment, without the Chairperson's dispensation, save the proposer who shall be entitled to speak twice unless the Chairperson shall first have declared the discussion closed.

 
(d)       The Chairperson may require a speaker to resume his seat or withdraw from the meeting.
 
(e)        A point of order shall be decided immediately by the Chairperson.
 
(f)        Except with the consent of the Chairperson, no speech shall exceed five minutes.
 

(g)        The International Secretary, together with the two scrutineers appointed by the Chairperson, shall supervise the voting.

 
Rule 6             Quorum
 
At every meeting of the Assembly of Delegates the quorum shall consist of Delegates, as specified in Article 8 (b) (i) of the Regulations, from no fewer than 20 Centres.
 
Rule 7             Resolutions and Amendments
 
(a)        There shall be three categories of Resolutions:
 

(i)         Regular Resolutions. These shall be submitted in writing in one or more of the working languages to the International Secretary not less than 10 weeks before a session of the Assembly of Delegates. They may be submitted by a Centre, by an Officer or by the Board.  The International Secretariat shall circulate them to Centres as soon as practicable before the opening of the Assembly. Regular resolutions shall be voted on in accordance with Rule 9 (d) and may be passed by a simple majority.

 

(ii)               In-session Resolutions.  These are resolutions submitted in writing in one or more of the working languages during the period of 10 weeks before a session of the Assembly of Delegates or during such a session. They may be submitted by a Centre, by an Officer or by the Board. The International Secretariat shall circulate them as soon as practicable to all Centres represented at the session. In-session resolutions shall be voted on in accordance with Article 10 (b) of the Regulations and Rule 17 of these Rules of Procedure.

 

(iii)       Amending Resolutions.  These are resolutions to amend the PEN Charter or the Regulations, and shall be treated in accordance with Article 10 (b) of the Regulations and Rule 17 of these Rules of Procedure.

 

(b)        The Secretariat shall, in consultation with the chairpersons of the standing committees where relevant and whoever else may be appropriate, be responsible for ensuring as far as possible that Resolutions which are relatively similar are merged and that those which are clearly outside the competence of International PEN are deleted from the agenda.

 

(c)        Every resolution and amendment must be proposed and seconded by members of the Assembly of Delegates before it is discussed or voted upon.

 

(d)        If there are several amendments to a resolution, the Chairperson shall decide the order in which they will be discussed and put to the vote.

 

(e)        If a resolution is amended as a result of a vote or votes, that resolution as amended shall be put to the Assembly of Delegates for a final vote.

 

(f)        Any resolution or part of a resolution or amendment may be withdrawn by the Centre which proposed it at any time before it is put to the vote, but upon such withdrawal it may without previous notice be proposed anew, if also seconded, by any other Centre.

 
Rule 8             Motions
 

(a)        Motions concerning procedure may be made orally by any member of the Assembly of Delegates without previous notice and such motions may include:

 

(i)        a motion to refer a matter back;

 

(ii)       a motion to postpone consideration of a matter in question;

 

(iii)      a motion to adjourn the meeting;

 

(iv)      a motion to adjourn the discussion on a particular question;

 

(v)       a motion that the Assembly of Delegates proceed with the next item on its agenda.

 

b)         Any Officer or delegate may move the closure of a discussion either on a particular resolution or amendment or on a general question. The decision on such motion shall be taken in accordance with the following provisions:

 

(i)         the Chairperson shall put a motion for closure to the vote if it is supported by at least 12 delegates.

 

(ii)       the Chairperson may give permission to speak against a motion for closure.

 

(iii)      no speaker shall be entitled to speak on a motion for closure for more than three minutes.

 

(iv)       after a motion for closure of a discussion on a particular resolution or amendment has been carried the Chairperson shall immediately put such resolution or amendment to the vote.

 
Rule 9             Voting Procedure
 

(a)        Each Centre, through its official delegates, is entitled to one vote only, which may be cast subject to the provisions of Rule 10 on postal ballots.

 

(b)        At the discretion of the Chairperson, a vote by show of hands of the whole Assembly may be taken on motions as to procedure and on questions affecting the conduct of the proceedings and the convenience of members, e.g. time and place of meetings.

 

(c)        The Assembly of Delegates shall vote by a show of hands except where the Regulations or these Rules require that a recorded vote be taken or that voting shall be by secret ballot. Postal votes received by the Secretariat in accordance with Rule 10 shall be included in the votes.

 

(d)        Votes by a show of hands shall be counted by the International Secretary and appointed scrutineers and announced by the International Secretary.

 

(e)        A recorded vote shall be taken in the case of Resolutions to amend the Regulations or Charter.  A recorded vote is one in which each Centre's vote or its decision to abstain is declared.

 

(f)        A recorded vote shall also be taken on any other question at the request on a show of hands by at least 10 delegates entitled to a vote.

 

(g)        The delegate who proposes the resolution for which a recorded vote will be taken shall be the first to vote and the order of voting shall follow the English alphabetical order by names of Centres, commencing with his or her Centre.

 

(h)        A full note of a recorded vote shall be written down by the International Secretariat and the itemised result announced by the Chairperson.

 

(i)         The International Secretary, together with the two appointed scrutineers, shall provide for the administration of any secret ballot so as to ensure its confidentiality and the authenticity of all votes cast.

 
(j)        A two-thirds majority shall mean two-thirds of the total votes cast for or against a resolution.
 

(k)        In case of a tied vote the resolution shall be put to a second vote, and if the second vote is also tied  it shall be considered to have failed.

 
Rule 10                       Postal ballot
 

(a)        Each Centre may cast a ballot by post in the elections of the International President (Rule 12), Vice Presidents (Rule 13), the International Treasurer (Rule 14), members of the Board (Rule 15) and the International Secretary (Rule 16).   Such ballots shall be addressed by post or by fax to the International Secretary and must reach the Secretariat not later than one week before the opening of the Assembly of Delegates.

 

(b)        The postal ballot may nevertheless be replaced by a vote cast by the delegate of the Centre concerned during the Assembly of Delegates.

 
Rule 11                       Proxy vote
 
Any proxy votes, as described in Article 12 (c) of the Regulations, shall be counted after the vote by show of hands and added to its total. In the case of secret and recorded votes the proxy votes shall be annotated and cast by the authorized Centres.
 
 
Rule 12                      Election of the International President
 

(a)        The International Secretary shall notify all Centres of a presidential election not less than six months in advance of the proposed date of election.

 

(b)        Nominations shall, as described in Article 17 (a) of the Regulations, be submitted to the International Secretary not less than three months in advance of the proposed date of election, or such shorter period as the Board may decide. Nominations shall include a letter signed by the candidate agreeing to stand for election, a biography and a statement of intent.

 

(c)        The International Secretary shall distribute to all Centres as soon as possible, but not later than 9 weeks before the date of election, the names, biographies and statement of intent of all candidates for President.

 

(d)        Unless otherwise decided by the Assembly of Delegates, the election shall be held by secret ballot at a meeting of the Assembly of Delegates. Each Centre entitled to vote shall receive an official ballot at least six weeks before the date of election. Ballots may be brought to the meeting by delegates or submitted by post or by fax to reach the International Secretariat not later than one week before the election.

 
(e)        The candidate receiving an absolute majority of the votes cast shall be elected President.
 

(f)        If no candidate receives an absolute majority of the votes cast, a second ballot shall take place during the Assembly among delegates present and entitled to vote, to  decide between the two candidates who received the highest number of votes in the first ballot. Should the two candidates receive the same number of votes in the second ballot, lots shall be drawn. 

 
Rule 13                       Election of Vice Presidents
 

(a)        Nominations for the office of Vice President shall, as described in Article 19 (a) of the Regulations, be submitted to the International Secretary not less than three months in advance of the proposed date of election, or such shorter period as the Board may decide. Nominations shall include a short explanatory note about the candidate and the reasons for his/her nomination.

 
(b)        The International Secretary shall inform all Centres as soon as possible, but not later than 9 weeks before the date of election, of the names of all candidates for Vice-President and shall circulate the notes mentioned in paragraph (a) above.
 

(c)        The election shall be held at a meeting of the Assembly of Delegates. Each Centre entitled to vote shall receive an official ballot at least six weeks before the date of election. Ballots may be brought to the meeting by delegates or submitted by post or by fax to reach the International Secretariat not later than one week before the election.  To be elected the candidate must receive a majority of two-thirds of the votes cast.

 
Rule 14                       Election of the International Treasurer
 

(a)        The International Secretary shall notify all Centres of an election for the office of Treasurer not less than six months in advance of the proposed date of election.

 

(b)        Nominations, as described in Article 21 (a) of the Regulations, shall be submitted to the International Secretary not less than three months in advance of the proposed date of election, or such shorter period as the Board may decide. Nominations shall include a letter signed by the candidate agreeing to stand for election and a biography.

 

(c)        The International Secretary shall distribute to all Centres as soon as possible, but not later than 9 weeks before the date of election, the names and biographies of all candidates for Treasurer.

 

(d)        Unless otherwise decided by the Assembly of Delegates, the election shall be held by secret ballot at a meeting of the Assembly of Delegates.  Each Centre entitled to vote shall receive an official ballot at least six weeks before the date of election. Ballots may be brought to the meeting by delegates or submitted by post or by fax to reach the International Secretariat not later than one week before the election.

 
(e)        The candidate for whom the highest number of votes is cast shall be elected.
 
Rule 15                       Election of Members at Large of the Board
 

(a)        The International Secretary shall notify all Centres of an election of members at large of the Board not less than six months in advance of the proposed date of election.

 

(b)        Nominations, as described in Article 24 (b) of the Regulations, shall be submitted to the International Secretary not less than three months in advance of the proposed date of election, or such shorter period as the Board may decide.  Nominations shall include a letter signed by the candidate agreeing to stand for election and a biography.

 

(c)        The International Secretary shall distribute to all Centres as soon as possible, but not later than 9 weeks before the date of election, the names and biographies of all candidates for the membership of the Board.

 

(d)        Voting shall be by secret ballot. Each Centre entitled to vote shall receive an official ballot at least six weeks before the date of election. Ballots may be brought to the meeting by delegates or submitted by post or by fax to reach the International Secretariat not later than one week before the election.

 

(e)        The candidates receiving the highest number of votes cast shall be elected, up to the number of seats to be filled. In case of a tie between two candidates for the last place, a ballot shall be held between them during the Assembly among delegates present and entitled to vote.

 
Rule 16                       Election of the International Secretary
 

(a)        The Board shall notify all Centres of the election of an International Secretary not less than six months in advance of the proposed date of election.

 

(b)        The Board shall distribute to all Centres as soon as possible, but not later than 9 weeks before the date of election, the names and curricula vitae of all candidates for International Secretary who have been proposed according to Article 28 (b) of the Regulations.

 

(c)        Unless otherwise decided by the Assembly of Delegates, the election shall be held by secret ballot at a meeting of the Assembly of Delegates.  Each Centre entitled to vote shall receive an official ballot at least 6 weeks before the date of election. Ballots may be brought to the meeting by Delegates or submitted by post or by fax to reach the International Secretariat not later than one week before the election.

 
(d)       The candidate for whom the highest number of votes is cast shall be elected.
 
Rule 17                       Amendments to the PEN Charter and to the Regulations
 

(a)        Amending Resolutions to the PEN Charter or the Regulations shall be submitted jointly by two Centres in writing in one or more of International PEN's working languages to the International Secretary not less than 16 weeks before a session of the Assembly of Delegates.

 

(b)        The International Secretary shall circulate such Resolutions to all Centres not less than 12 weeks before a session of the Assembly of Delegates, with an invitation to submit their written comments not less than 1 week before the session. Comments received from any Centre not represented by a delegate at the Assembly of Delegates at which such a Resolution is an item on the Agenda shall be communicated in writing to the Assembly by the International Secretary before the resolution is discussed and voted on.

 

(c)        The vote on a resolution to amend the Regulations shall be held in accordance with Article 10 (b) of the Regulations.

 
(d)       In the case of a resolution to amend the PEN Charter:

(i)         A revised draft of the resolution, embodying the suggestions approved by delegates at the Assembly at which the resolution is discussed, shall be sent to all Centres not less than 6 months before the subsequent session of the Assembly of Delegates;

 

(ii)       This revised draft shall be put on the agenda of the subsequent Assembly of Delegates ;

 

(iii)       A Centre unable to, or uncertain whether it will, send a delegate to vote on the resolution at such subsequent meeting shall be entitled to a postal vote, and shall receive a ballot paper not less than 6 weeks before the session of the Assembly of Delegates. Such a vote shall be submitted by post or by fax to the International Secretary and must reach the Secretariat not later than one week before the opening of the Assembly of Delegates.

 

(iv)       The vote on a resolution to amend the PEN Charter shall be held in accordance with Article 10 (b) of the Regulations and shall include every valid postal vote not replaced by a vote cast by a delegate.

 
Rule 18                       Documents of the Assembly of Delegates
 

(a)        Minutes shall be recorded of any Assembly of Delegates and circulated with the draft agenda provided for in Rule 2 (a).

 

(b)        Such minutes shall be signed by the President and the International Secretary when accepted by the Assembly of Delegates as correct at the beginning of its next session.

 

(c)        The text of all resolutions adopted at a session of the Assembly of Delegates shall be sent to all Centres by the International Secretary immediately after the end of the session.

 
Rule 19                       Languages
 

(a)        The working languages of International PEN shall be used at all meetings of the Assembly of Delegates, as well as the language of the Host Centre, if different.

 

(b)        At all meetings of the Assembly of Delegates the Host Centre shall arrange for simultaneous interpretation in the working languages.

 

(c)        At the request of any Centre offering to pay the extra cost the Host Centre shall, if practicable, also provide simultaneous interpretation into and from that Centre's language.

 

(d)        At the discretion of the Chairperson a language other than those referred to in sub-paragraphs (a) and (c) of this Rule may be used by a Delegate who provides at his expense a summarised translation of his speech in one of the working languages.

 
Rule 20                      Guests and observers
 

(a)        Only members of PEN Centres have the right, in accordance with Article 13 of the Regulations, to attend meetings of the Assembly of Delegates.

 

(b)        At the discretion of the Host Centre, members may bring guests to any Congress or Conference, who shall not be entitled to attend any meetings of the Assembly of Delegates or meetings of any International PEN Committee.

 

(c)        The Host Centre has the right to request the President and the International Secretary to invite eminent writers to attend a Congress or Conference as Guests of Honour at the Host Centre's expense. The Centre of the country of domicile of a proposed Guest of Honour shall be consulted before the issue of such an invitation.

 

(d)        The Host Centre may, in consultation with the International President or the Board, invite observers who are not members of PEN to any Congress or Conference. The Chairperson may allow such observers to attend any meeting.

 

(e)        The International President, in consultation with the Board may invite to any Congress or Conference guests and observers who are not members of International PEN

 
Rule 21                       Services Provided by the Host Centre
 
(a)        The Host Centre shall be responsible inter alia to the International Secretariat for:
 

(i)        distributing to delegates all Congress and Conference documents;

 

(ii)       the provision of photocopying as well as access to a telephone and a fax;

 

(iii)       tape-recordings of all proceedings of the Assembly of Delegates to be delivered promptly to the Administrative Secretary;

 

(iv)       the provision of simultaneous interpretation of all proceedings of the Assembly of Delegates in accordance with Rule 19.

 

(b)        The Host Centre shall meet such other expenses as are specified in the document ‘Advice to Centres’, which is appended to these Rules of Procedure.

 
Rule 22                      Committees
 
(a)        Committees, as laid down in Article 11 of the Regulations, may be:
 

(i)         a standing committee, which shall be one established as a permanent committee of International PEN, and which may be constituted by Centres and/or individuals;

 

(ii)        an ad hoc committee, which shall be one established for a particular, limited, purpose and shall exist only until that purpose is fulfilled, and which shall be constituted only by individuals.

 

(iii)       a temporary committee, which shall be one established for a particular limited purpose for the duration of the Assembly of Delegates only, and which shall be constituted only by Centres.

 

(b)        The Assembly of Delegates shall, at the time of election or appointment of any committee, specify how the committee shall be funded and what shall be its membership and terms of reference.

 

(c)        Each committee shall nominate its chairperson from amongst its members and propose their appointment to the Assembly of Delegates.

 

(d)        A Centre serving as a member of a committee shall be represented at any time by one member of that Centre designated by the Centre for the purpose.

 
(e)        Minutes shall be kept of all meetings of every committee.
 

(f)        The Chairperson or some other member of a committee shall either submit to the Board a written report on its activities and recommendations since the previous session of the Assembly of Delegates or may report to the Assembly at the subsequent session of the Assembly.

 
(g)        A committee may consult Centres and members of PEN who are not

members of the committee on any matter under consideration.

 
Rule 23                      Entry into Force and Amendments
 
(a)        These Rules of Procedure shall enter into force according to Articles 10 and 14 of the Regulations.
 

(b)        In case of any discrepancy between the Regulations and the Rules of Procedure, the Regulations shall be followed.

 

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