Constitution

Preamble

The struggle to realize popular sovereignty over sources of people’s livelihoods, in an effort to achieve equitable living standards for all, must be waged cleverly and sustainably by various community organizations scattered across Indonesia.   Clearly, that struggle is confronted by many difficult challenges: in particular, the increasing encroachment and dominance of global capitalistic forces from abroad; and, on the domestic front, a general public that is still largely budget-illiterate because of the overbearing nature of closed government.   Encroachment and domination of global capitalism have turned the Indonesian State into an extension of the reach of global capitalism. The result has been pursuit of social, economic and political policies tainted by liberalism and privatization that have been aimed at facilitating capital expansion and globalization of markets.  In recent times, the types of policies pursued by the State have opened doors for systematic expropriation of social, economic, political and cultural rights of the Indonesian people. This snatching away of access to resources has been reflected in public policy approaches to budgets at various levels of government. Over the years in Indonesia, drafting, discussion, adoption and implementation of budgets have been closed processes involving only a few people.  And the processes have not focused squarely on the public interest. Furthermore, State budgets have been regarded as the domain of government, with the people being relegated to being “objects”. As a result, budgets have not reflected the public interest or public needs.   In order to guarantee that budget policies are pro-people and based on principles of public accountability and participation,  a key element of the struggle must be a demand for budget transparency. It was against this background that the Indonesian Forum for Budget Transparency (FITRA) was established.  From the outset, its raison d’être has been to demand respect for the people’s right to be involved throughout the entire budgetary process (from formulation through discussion and implementation to evaluation). FITRA’s aim has been to work with every layer of civil society to develop a groundswell of support for budget transparency and the establishment  of budgetary processes focused on public welfare and social justice.  Thus the purpose of FITRA’s fight for budget transparency is the achievement of people’s economic, social, political and cultural rights.   Having set itself such an agenda, FITRA’s intention is that no policy maker and no decision maker with the capacity to curtail budget transparency—be they at the national level, at the United Nations, within international organizations & financial institutions, in multinational corporations or anywhere else—should be left in any doubt that it is ordinary Indonesians who have sovereignty over the transparency of State budgets and over resources that give Indonesians their livelihood.   FITRA’s role is to develop and galvanize synergy between non-government organizations and other civil society groups around the values of (1) popular participation; (2) the supremacy of the rule of law; (3) transparency; (4) equality; (5) effectiveness and efficiency; (6) accountability; (7) gender equity; (8) self-reliance; (9) professionalism; and (10) non-violence.

CHAPTER I

ORGANIZATION

Article 1

Name, Type and Location

(1)   The Organization shall be called the Indonesian Forum for Budget Transparency (abbreviated to FITRA). (2)   It shall be a forum. (3)   At the national level, the Organization shall be located in the national capital and, in the regions, at provincial, kabupaten (district) or city level.

Article 2 Vision
The Organization’s vision shall be to realize popular sovereignty over budgets.

Article 3

Mission

To achieve that vision, the Organizations shall have the following mission:

  1. To encourage transparency and accountability in planning, implementation and control of State budgets;
  2. To fight for State budgets based on and oriented towards the needs of the people;
  3. To be a point of reference for budget transparency discourse and budget transparency movements, both in Indonesia and on behalf of Indonesia.

Article 4

Characteristics and Aims

(1)   The identifying characteristics of FITRA shall be inclusiveness, a pro-people approach, gender sensitivity and independence. (2)   FITRA shall aim to employ advocacy of transparency of public budgets to promote transformation of society into a democratic order capable of realizing popular sovereignty over the sources of people’s livelihoods.

Article 5

Strategy and Activities

(1)      FITRA’s strategy shall be budget advocacy. (2)      FITRA’s activities shall include:

  1. Promoting organizations of people
  2. Education
  3. Campaigns
  4. Research
  5. Policy dialogue
  6. Litigation
  7. Consultations
  8. Legal drafting and counter-drafting

CHAPTER II

MEMBERSHIP

Article 6

Members of FITRA shall be the various units comprising the FITRA network which already exist or which shall be recognized by FITRA’s National Meetings; and/or non-governmental organizations which  support budget transparency movements.

Article 7

Conditions of Membership

Prospective members of FITRA shall have to meet the following requirements: (1)      They have not been formed by, and/or are not affiliated to or working with, a political party, political organization, business or corporate entity, government institution, the Armed Forces or the National Police; (2)      Their aims and activities are not inconsistent with FITRA’s vision, mission or values; (3)      They have functioning organizational structures; (4)      They are actively carrying out advocacy work; (5)      They have been recommended by at least two (2) units of the FITRA network; and (6)      They state in writing that they will abide by the Constitution and all decisions of the Organization.

Article 8

Rights and Obligations of Members

  1. Members of FITRA shall have the following rights:
    1. To speak and to vote;
    2. To obtain advocacy-related information from any of FITRA’s units;
    3. To defend themselves orally and in writing in the event of any perceived infringement of FITRA’s Constitution;
    4. To ask for an accounting (either oral or in writing) of finances and program implementation at National Meetings and National Consultations;
    5. To receive support and/or to be defended in the face of actual or potential risks associated with advocacy work;
    6. To receive non-binding funding resources;
    7. To attend meetings of FITRA.
    8. Members of FITRA shall have the following obligations:
      1. To implement principles of good governance in the fight for realization of popular sovereignty over budgets;
      2. To abide by the Constitution and/or institutional decisions;
      3. To implement programs and funding being facilitated by any unit of FITRA’s network and/or the National Secretariat;
      4. To be prepared to have both their programs and funding audited by an independent auditor appointed by the National Board.

Article 9

Mechanism for Receiving Members

  1. A letter of application for membership of FITRA shall be lodged with a unit of FITRA’s network along with the following attachments:
    1. A statement of acceptance of FITRA’s Constitution;
    2. Letters of recommendation from two (2) units of FITRA’s network.
    3. An organizational profile.

2.  Applicants for membership who meet requirements shall have their credentials verified by a special team appointed by the National Board. 3.  Organizations in areas not having a local FITRA network may lodge their application for membership with the nearest unit of FITRA’s network; 4.  New members who meet requirements shall be officially admitted at National Meetings or National Consultations.

Article 10

Loss of Membership

1. Members of FITRA shall cease to be members if: (a)   They resign; (b)   They disband their organization; (c)    They have their membership terminated at a National Meeting or National Consultations session;

  1. Loss of membership shall be ratified at a National Meeting or National Consultations session.

Article 11

Termination of Membership

  1. Members of FITRA may have their membership terminated if they violate the Constitution.
  2. A termination of membership may be effected upon the receipt of recommendations to that effect from at least three (3) institutions in an area covered by a unit of FITRA’s network;
  3. Termination of membership shall proceed in stages, as follows:
    1. The three members recommending termination shall forward recommendations in writing to the National Board (copied to the coordinator of the FITRA network unit concerned) spelling out details of how the Constititution was violated;
    2. The National Board and network unit coordinator shall form a Verification Team to assess the veracity of the claimed Constitutional violations;
    3. The outcome of that assessment shall be put before a National Meeting or National Consultations session by the National Board and network unit coordinator;
    4. Members facing termination of membership shall be given the opportunity to defend themselves at a National Meeting or National Consultations session.
    5. Any decisions taken on termination of membership by a National Meetings or National Consultations session shall be final and binding.

CHAPTER III

Organizational Framework

Article 12

FITRA’s organizational framework shall consist of network units, extraordinary members, a national board and a national secretariat.

Article 13

National Secretariat

  1. The National Secretariat shall be the unit which implements the Organization’s policies, work programs and national financial responsibilities in accordance with directives of National Meetings or National Consultations.
  2. The National Secretariat shall be headed up by a secretary-general, who shall be appointed by direct election at a National Meeting;
  3. The National Secretariat shall consist of the Secretary-General and his or her staff;
  4. 4. The Secretary-General shall be elected for a term of three (3) years and may be re-elected consecutively for just one further term.

Article 14

Secretary-General’s Duties, Powers and Rights

  1. The duties of the Secretary-General shall be as follows:
    1. To oversee implementation of work plans agreed at National Meetings or National Consultations;
    2. To formulate draft time-specific work and budget programs for submission to and ratification by the National Board;
    3. To coordinate and facilitate the implementation of national programs and the holding of National Meetings, National Consultations and other meetings of FITRA;
    4. To support the advocacy work of units of FITRA’s network in regions;
    5. To conduct fundraising for programs agreed at National Meetings or National Consultations;
    6. In cooperation with the National Board, to facilitate the formation of new network units;
    7. To submit an annual progress report to National Consultations  sessions and an accountability report to National Meetings or Extraordinary National Meetings.
    8. The Secretary-General will have the following powers:
      1. To represent FITRA in the conduct of national and international advocacy;
      2. To appoint and dismiss members of the executive body;
      3. To represent FITRA in agreements and  binding arrangements with other parties;
      4. To convene an Extraordinary National Meeting in the event of violation of the Constitution by the National Board; or resignation of the National Board.

3.   The Secretary-General shall have the following rights: a.  To have entitlement to salary & allowances, insurance cover and leave in accordance with the organization’s fiscal means. b. To defend himself or herself in FITRA forums on policy issues which have been contested by members or the National Board; c. To be defended by the organization against risks involved in advocacy being undertaken.

CHAPTER IV

NATIONAL BOARD

Article 15

Membership

  1. The National Board shall consists of individual members elected and endorsed at a National Meeting.
  2. There shall be a minimum of five (5) and a maximum of seven (7) members of the National Board, comprising a chairperson, a vice chairperson, a secretary and members.
  3. Members of the National Board shall serve terms of three (3) years and may be re-elected consecutively for just one additional term.

Article 16

Duties, Powers and Rights of the National Board

  1. The National Board shall have the following duties:
    1. To oversee implementation of outcomes of National Meetings and National Consultations.
    2. To discuss, consider and endorse draft work programs agreed at National Meetings;
    3. To monitor supervision of implementation of FITRA’s work programs and finances.
    4. To hold routine meetings of the national secretariat at least twice a year;
    5. To consult with the national secretariat;
    6. To render an account of the performance of its duties and the exercise of its powers to National Meetings or Extraordinary National Meetings.
    7. The National Board shall have the following powers:
      1. To give direction to the implementation of work programs and finances;
      2. To appoint an acting secretary-general if the Secretary-General is permanently indisposed or has resigned.
      3. To form FITRA verification teams.
      4. To convene an Extraordinary National Meeting in the event of an infringement of the Constitution by the Secrtary-General;
      5. To hold an Extraordinary National Meeting in the event of the resignation of the Secretary-General;
      6. The National Board shall have the following rights:
        1. To be furnished with facilities by the Orgnanization to support the discharge of its duties and powers.
        2. To defend itself in FITRA forums on policy isues that have been brought into question.
        3. To be defended by the Organization against risks involved in advocacy being undertaken.

Article  17

Termination of National Board Membership

Membership of the National Board shall cease in the event of:

  1. Death;
    1. Resignation;
    2. Termination of membership by a National Meeting or National Consultations session.

Article  18

Network Units

  1. Network units shall be institutions that carry our policies and work programs of the Organization that have been endorsed by National Meetings or National Consultations.
  2. The name, nature, make-up, organizational structure and working methods of network units shall be determined and put in place by each unit’s coordinator.
  3. Network units shall be led by network unit coordinators who shall be chosen at meetings held in their respective regions.

Article 19

Duties, Powers and Rights of Network Unit Coordiators

  1. Network Unit Coordinators shall have the following duties:
    1. To formulate draft work programs and budgets for specific timeframes;
    2. To coordinate and facilitate implementation of regional programs and the holding of meetings with other FITRA network units;
    3. To conduct fundraising for implementation of agreed programs.
    4. To submit progress reports on their network units to National Meetings and National Consultations.
    5. Network unit coordinators shall have the following powers:
      1. To represnet network units in the conduct of regional, national and international advocacy;
      2. To appoint and dismiss staff;
      3. To represent network units in agreements and binding arrangements with other parties.
      4. Network coordinators and their staff shall have the following rights:
        1. To receive from FITRA program-related salary & allowances, insurance cover and leave;
        2. To defend themselves in FITRA forums on contested policy issues;
  1. To be defended by the Organization against risks involved in advocacy being undertaken.

CHAPTER  V

ESTABLISHMENT AND DISBANDMENT OF NETWORK UNITS

Article 20

Proposals to Establish Network Units

  1. A network unit may be established at the suggestion of the National Secretary on the basis of a suitability assessment and verification process undertaken by the National Secretary.
  2. Establishment of new network units shall be ratified by a National Meeting.

Article 21

Decision making within the FITRA group shall be the responsibility of the following meetings:

  1. National Meetings
  2. Extraordinary National Meetings
  3. National Consultations on Budget Transparency
  4. Regional Meetings
  5. Plenary sessions of the National Board
  6. Working sessions of the National Secretariat
  7. Working sessions of network units.

Article 22

  1. A network unit may be disbanded if all its components:
    1. Do not undertake advocacy work for one (1) entire year;
    2. Do not attend two consecutive National Conusltations;
    3. Indulge in illegal or immoral behavior.
    4. The National Secretariat and the National Board shall appoint a team to verify that the actions of a particular network unit are as outlined in Article 1.
    5. The outcome of the verification team’s review shall be discussed and decided upon at a National Consultations session, a National Meeting or an Extraordinary National Meeting.
    6. The disbandment of a network unit shall be decided upon and ratified by a National Meeting or an Extraordinary National Meeting.

CHAPTER VI

AD INTERIM APPOINTMENT OF FUNCTIONARIES

Article 23

Appointment of Secretary-General ad interim

  1. If a secretary-general becomes permanently indisposed or resigns before completing his or her term of office, a secretary-general ad interim shall be appointed by the National Board with the specific task of convening an Extraordinary National Meeting;
  2. The term of office of the acting national secretary shall be coterminous with an Extraordinary National Meeting to be held, at the latest, within six (6) months after his or her appointment.
  3. The new National Secretary appointed by an Extraordinary National Meeting shall only hold office for the remainder of the term that would have been served by the Secretary-General who reigned or became permanently indisposed.

Article 24

Ad Interim National Board Appointments

  1. If a member of the National Board becomes permanently indisposed or resigns before completing his or her term of service, a replacement board member shall be appointed on an interim basis and endorsed by the National Board in plenary session.
  2. If a National Board member does not attend two National Board meetings and one (1) National Consultations session, he or she may be replaced by a substitute member on an interim basis by the National Board in plenary session.
  3. Replacement of a National Board member on an interim basis may also take place if a member engages in activity that is contrary to FITRA’s vision, mission or values.
  4. A  National Board member appointed on an ad interim basis shall be the person next of the list of candidates voted for most recently in National Board elections at a National Meeting.
  5. In the event that the provisions of paragraph (4) cannot be met, an interim appointment shall be made at a National Consultations session.
  6. If an interim appointment of a National Board member has to be made in the period between a recently held National Consultations session and a National Meeting, it shall be made by the remaining Members of the National Board.

CHAPTER VII

MEETINGS

Article 25

Decision Making Meetings

Decision making within the FITRA group shall be the responsibility of the following meetings: 1.   National Meetings 2.   Extraordinary National Meetings 3.   National Consultations 4.   Plenary sessions of the National Board 5.   Working sessions of the National Secretariat 6.   Working sessions of network units.

Article 26

National Meetings

  1. The National Meeting on Budget Transparency shall be the forum’s supreme policy- making meeting and shall be held once every three years to:
    1. Discuss and approve performance reports of the National Secretariat and the National Board;
    2. Evaluate FITRA’s activity for the period just passed;
    3. Formulate FITRA’s basic strategic policies;
    4. Decide upon and ratify FITRA’s Constitution;
    5. Elect and confirm appointments of secretaries-general and national boards;
    6. Ratify the establishment or disbandment of network units.
    7. Participants in a National Meeting shall be the National Secretary, the National Board and network units.
    8. The National Secretary and network units shall have the right to speak and to vote.
    9. The National Secretary and networks units shall each have one (1) vote.
    10. The National Board shall have the right to speak at National Meetings.
    11. Individual members of FITRA and other invitees may attend National Meetings as observers.
    12. A National Meeting shall be regarded as lawful if it is attended by 50% plus one (1) of members registered as participants.
    13. A decision of a National Meeting shall be regarded as lawful if it is endorsed by a majority of the votes of members present;
    14. The venue and timing of a National Meeting shall be fixed by a National Consultations session.

10.  In certain circumstances, the venue and timing of a National Meeting may be fixed by the National Board or the National Secretary. 11.  The number of National Meeting participants, the make-up of National Meeting organizing and conference committees and selection criteria for the position of national secretary shall be decided by the immediately preceding National Consultations session.

Article 27

Extraordinary National Meetings

  1. An Extraordinary National Meeting shall be a forum for taking decisions in the event of:
    1. a violation of FITRA’s Constitution by the Secretary-General and/or the National Board;
    2. the Secretary-General or the National Board resigns or becomes permanently indisposed.
    3. a demand that FITRA be disbanded.
    4. The holding of an Extraordinary National Meeting brought on by violation of FITRA’s Constitution by the National Secretary shall be proposed by the National Board and shall be agreed to by at least 50% plus one (1) of FITRA’s members.
    5. The holding of an Extraordinary National Meeting brought on by violation of FITRA’s Constitution by the National Board shall be proposed by the National Secretary and shall be agreed to by at least 50% plus one (1) of FITRA’s members.
    6. The holding of an Extraordinary National Meeting brought on by resignation of the National Secretary shall be arranged by the National Board.
    7. The holding of an Extraordinary National Meeting brought on by the resignation of the National Board shall be arranged by the National Secretary.
    8. An Extraordinary National Meeting on Budget Transparency shall make decisions on the following:
      1. Holding to account and dismissal of the National Secretary and/or the National Board;
      2. Holding to account the National Secretary and/or the National Board in the event of resignation before the expiry of their terms of office;
      3. Evaluating FITRA’s record in the period before an Extraordinary National Meeting;
      4. Discussion and adoption of amendments to the Constitution if necessary.
      5. Election and confirmation of the positions of National Secretary or the National Board.
      6. To approve the disbandment of FITRA.
      7. Provisions and administrative procedures for holding an Extraordinary National Meeting shall be detailed in Constitutional enabling regulations.

Article 28

National Consultations

  1. National Consultations shall be a decision-making forum to be held once a year to:
    1. To evaluate and plan the implementation of programs and advocacy for the year; to fix the timing, venue and list of participants of the next National Meeting; to appoint National Meeting organizing and conference committees; and to decide selection criteria for the position of national secretary of FITRA;
    2. To take decisions on the establishment of network units or their disbandment when disbandment is recommended by the findings of a verification team.
    3. Participants in a National Consultations session shall be the National Board, the national secretary, network units, with individual members being observers.
    4. A National Consultations session shall be regarded as lawful if it is attended by 50% plus one (1) of members registered as participants.
    5. A decision of a National Consultation session shall be regarded as lawful if it is agreed to by a majority of the votes ofmembers present.
    6. The person responsible for the conduct of National Consultations shall be the National Secretary.
    7. The venue and timing of National Consultations shall be proposed by network units and fixed by the National Board and the National Secretary.

Article 26

Plenary Session of the National Board

  1. A plenary session of the National Board shall be a decision-making forum to be held at least twice a year or as needed to:
    1. Discuss and agree draft programs and budgets for the year put before it by the National Secretary;
    2. Discuss the outcome of oversight of National Secretariat implementation of programs;
    3. To dismiss National Board members and appoint replacement members on an ad interim basis.
  2. A National Board session shall be regarded as lawful if it is attended by 50% plus one (1) of National Board members.
  3. A decision of the National Board shall be regarded as lawful if it is endorsed by a majority of the votes of National Board members present.

Article 29

National Secretariat Working Sessions

Administrative arrangements and procedures for National Secretariat meetings shall be detailed in a specific standard operating procedure (SOP) decided upon by the National Secretary.

Article  30

Working Sessions of Network Units

  1. Working sessions of network units shall be held to evaluate and plan programs, personnel issues and finances.
  2. Administrative arrangements and procedures for network unit working sessions shall be detailed in a specific standard operating procedure (SOP) decided in-house by each network unit.

CHAPTER VII

FUNDING SOURCES

Article  31

Funding Sources

  1. Funding for FITRA shall be obtained from:
  2. Subscriptions of member network units;
  3. Contributions from the general public, the private sector or other institutions (both national and international) provided that the contributions are non-binding and are not sourced from:

(1)   Income from activities which are damaging to budget transparency or the general public; (2)   Foreign loans or grants obtained directly or indirectly from lending institutions. (3)   Funds generated by corruption or economic wrongdoing.

  1. Other lawful efforts which are not inconsistent with FITRA’s vision, mission or values.
    1. Administrative arrangements for management of subscriptions and contributions shall be set out in Constitutional enabling regulations.

CHAPTER VIII

SANCTIONS

Article  30

Types and Mode of Imposition of Sanctions

  1. Any violation of FITRA’s Constitution may be penalized by imposition of a sanction in the form of:
    1. A written warning;
    2. Dismissal of functionary or member;
    3. Suspension or disbandment of a network unit;
    4. General announcement to FITRA’s membership of an imposed sanction.
    5. A sanction can be decided upon by a National Meeting, an Extraordinary National Meeting or a National Consultations session.
    6. A sanction shall be imposed after a verification process and after granting offending parties an opportunity to defend themselves.
    7. Sanctions, once imposed, are final and binding.

CHAPTER IX

ADDITIONAL PROVISIONS

Article  32

Disbandment of FITRA

1        FITRA may only be disbanded at a National Meeting or an Extraordinary National Meeting. 2        Disbandment of FITRA may be discussed if a proposal is put forward by 50% plus one (1) of members. 3        A decision to disband the Organization shall be lawful if it is endorsed by a two thirds (2/3) majority of the votes of members present.

Article 33

Amendment of the Constitution

  1. An amendment to the Constitution may be made at a National Meeting or an Extraordinary National Meeting attended  by at least 50% plus one (1) of total members.
  2. An amendment to the Constitution shall be regarded as lawful if it is agreed by 50% plus one (1) of the members present.

Article  34

FITRA’s Assets

  1. In the event of FITRA’s disbandment, all FITRA’s assets shall be donated to not-for-profit forums or institutions which accord with the vision and mission which FITRA had fought for as a civil society organization.
  2. 2. Determinations on which institutions shall receive FITRA’s assets and calculation of those assets shall be done by a team appointed by the National Meeting or Extraordinary National Meeting which discussed FITRA’s disbandment.

CHAPTER X

CLOSE

Article 35

Transitional Arrangements

  1. Issues not provided for in this Constitution shall be incorporated into Constitutional enabling regulations.
  2. Constitutional enabling regulations decided upon and endorses at a National Consulations session shall form an integral part of the Constitution.
  3. In the event that Constitutional enabling regulations have not been agreed consultatively by the National Secretary, the National Board and network units
  4. This Consititution shall be ratified at an Extraordindary National Meeting held on 16 September 2006 and shall come into force with immediate effect on the date of its ratification.