Federation of Indigenous Peoples of NEPAL in America (FIPNA)

By Laws

Adopted On: _________________

I. Name of the Organization:

The name of the organization is Federation of Indigenous Peoples of Nepal in America also known as FIPNA or Adivasi Janjati Maha Sangh in America. FIPNA is a non-profit, non-sectarian, and non-political organization of the Indigenous Peoples of Nepal (Adivasi Janjati) in America.

II. Mission Statement of FIPNA:

FIPNA is formed with a mission to work for the advancement of the Indigenous Peoples (Adivasi Janjati) of Nepal in America and Nepal.

III. Objectives of FIPNA:

1). Raise public awareness about the issues facing Indigenous Peoples of Nepal through advocacy, education, research, publication, and public forum debates.

2). Support the peaceful movement of the Indigenous Peoples in Nepal for inclusive democracy, secular state, and ethnic, linguistic and regional autonomy.

3). Ensure the effective implementation of the international laws and declarations related to the Indigenous Peoples such as ILO convention 169 and UN Declaration on the Rights of Indigenous Peoples.

4). Promote the causes of Indigenous Peoples of Nepal in the international forums and build support from the international organizations, institutions, leaders, rights activists, and the academics.

5). Facilitate cooperation and regular interactions amongst the Adivasi Janjati organizations and individuals in America. Support the member Adivasi Janjati organizations in preserving and promoting our indigenous cultural heritages.

6). Develop leadership skills among the Adivasi Janjati community leaders, volunteers and youths through workshops and mentoring programs. Promote the value of higher education, volunteering, and philanthropy among the Adivasi Janjati Peoples.

7). Empower Adivasi Janjati Peoples of Nepal in America through workshops on education, health, immigration, housing, employment skills etc.

8). Contribute to the development of Nepal with priority on the development of the endangered and highly marginalized Indigenous Peoples of Nepal.

9). Promote cooperation and harmony with other Nepali organizations and individuals for the benefit of Nepali Diaspora in America. Work for a better understanding and friendly relationship between the peoples of America and Nepal.

IV. Memberships of FIPNA:

1). Member Organizations and groups: FIPNA uses the guidelines of National Federation of Indigenous Nationalities (NEFIN) and National Foundation for Development of Indigenous Nationalities (NFDIN) for identifying the Adivasi Janjati groups but reserves the right to recognize any other groups or organizations. All such formal organizations and informal groups can become a voting member of FIPNA with one vote per ethnic group. However, if any Adivasi Janjati ethnic group fails to collaborate among themselves for a single membership, they will have to split their one vote equally among their sub groups. The FIPNA executive board reserves the right to settle all such disputes with a simple majority. FIPNA approves all membership requests by a simple majority.

2). Regional Chapters: The Adivasi Janjatis living in various states or regions in America could form a regional chapter of FIPNA. Each regional chapter will have one vote in the central executive committee of FIPNA. FIPNA approves all chapters with a simple majority.

3). Individual Members: FIPNA encourages all Adivasi Janjati individuals become its members and support it. The individual members will not have a direct voting right.

4). Honorary Members: FIPNA will honor individuals who have made significant contributions to the advancement or fruitful public knowledge of the Adivasi Janjati peoples with honorary life memberships. The executive committee needs to approve the honorary memberships with a two third majority.

5). Suggested annual membership fees for FIPNA shall be as follows and are non-refundable:

For eligible organization or ethnic group: $100

For a regional chapter: $100

For an eligible individual: $20

For students: $10

Lifetime membership for an organization or chapter: $500

Lifetime membership for an individual: $200

V. Structure of FIPNA

1). The Central Executive Committee of FIPNA develops policies, programs, operating procedures, and strategies for the organization and executes them in a professional manner.

2). The voting members of FIPNA elect or nominate the members of the Executive Committee for a three year term. The voting member can use a proxy for voting in their absence.

3). The Executive Committee of FIPNA has the following 11 members with at least 3 or more women members in it:

a). President – The President is the Chief Executive Officer of FIPNA and shall manage all the businesses of FIPNA in such capacity. The President shall preside at all meetings of FIPNA and represent the organization in all public forums. The President can assume or delegate the role of other executive members in their absence. The President can serve up to two consecutive three year terms.

b). Vice President – The Vice President shall perform all duties delegated by the Executive Committee or the President. In absence of the President, the Vice President shall assume the power of the President.

c). Secretary – The Secretary takes the minutes of all meetings and businesses of FIPNA and communicates them to the committees, members, and advisers.

d). Joint Secretary – The Joint Secretary helps the Secretary with all his or her duties.

e). Treasurer – The Treasurer shall receive and be custodian of all funds of FIPNA and shall pay all bills upon written authorization of the President. The Treasurer shall open and keep a bank account in the name of FIPNA.  The Treasurer shall keep account of all funds of the FIPNA, of all monies received and disbursed, and shall submit a written financial report to the Executive Committee and the member organizations at the annual meeting of the FIPNA. The Treasurer shall also make the updated financial report available promptly if the President or a majority of the Executive Committee requests for it.  The Treasurer shall also keep a current roster of the membership of the FIPNA.  The books of the organization shall be audited annually by a qualified public accountant or auditor.

f). Asst. Treasurer – The Assistant Treasurer assists the Treasurer with all financial business of the FIPNA.

g). There will be 5 other executive members of the committee that will oversee the general businesses of FIPNA.

4). FIPNA will do its best to maintain diversity in its executive committee. Normally there can be up to two executive members from the same Adivasi Janjati group. However, the voting members could override this limit with a simple majority, if there is a need for nominating/electing the right qualified candidates.

5). FIPNA will also have a board of advisers with 5-7 reputable members, each nominated by the Executive Committee with two thirds majority. The member of the board of advisers can serve up to two consecutive terms at Executive Committee’s discretion.

6). Any executive member or adviser may resign by giving a notice in writing to the Secretary of FIPNA.  Absence without notice from three consecutive meetings may also be construed as a resignation of the executive member so absent. Any member of the executive committee may be removed for cause in a meeting of the executive committee. Anyone who violates the core values of the FIPNA including such actions but not limited to mishandling of the funds, using FIPNA for personal or political gains, and working against the mission and objectives of FIPNA can be subject to a removal. A board member charged for such action(s) can be removed by a simple majority of the executive committee.  The President can nominate a replacement candidate for the remaining term. The chapters can have its own guidelines for resignation and removal.

7). The central executive member with two third majority can revoke or suspend the membership of a regional chapter or member group, if it finds them working against the spirit or objectives of FIPNA.

VI. Election and Eligibilities for Executive Committee:

1). The membership shall close temporarily two months before the election of the Executive Committee. It shall resume after the new committee takes over.

2). To ensure that only qualified, experienced, and honest peoples are elected to the Executive Committee of FIPNA, each candidate shall provide a background information or reference from reputable and reliable sources, if necessary. The key executive members should have adequate academic, professional and communication skills. The President must have a college level education.

3). The candidates should demonstrate experience in community service and should believe in the mission and objectives of FIPNA stated in Article II and III. The candidates should be a member of FIPNA in good standing. The candidate for President must have served in the Executive Committee of FIPNA or any member organization’s executive board for at least 2 years in the last 5 years.

4). After the membership is closed for election, the voting members shall nominate an independent committee of three peoples for overseeing the election of FIPNA Executive Committee. The election committee should accept candidates for at least a week. It should then inform the voting members about the candidate list at least two weeks prior to the voting date.

5). If enough number of candidates doesn’t come forward, a simple majority of the voting members will nominate executive members with the best suitable candidates available.

VII. Meetings of FIPNA

1). Ordinary Meetings

Ordinary meetings of the FIPNA will be held at intervals as prescribed by the Executive Committee. The Secretary shall inform all participants at least a week before the meeting through email or phone.

2). Special Meetings

The President or 2/3 of the Executive Committee can request for the special meetings.  Such request shall state the purpose or purposes of the proposed meeting and business transacted shall be confined to the subjects stated.  Announcement of the special meeting time, date, place, and objects thereof shall be provided to the members at least ten (10) days in advance to each member through email, telephone or mail.

3). Quorum
At all Executive Committee meetings of the FIPNA, 50% of the executive members including President shall constitute a quorum. If the meeting includes the voting membership, 50% of voting members and 50% of the executive members including the President shall constitute a quorum. Should a meeting be adjourned for a lack of a quorum, the meeting shall be rescheduled for a time, date and place, within 30 days of the original meeting, as determined by the Executive Committee.

4). Parliamentary Authority

Robert's Rules of Order (revised) shall govern all the proceedings, except where inconsistent with the provisions of the by-laws of the FIPNA.

VIII. Committees and Special Assignments

The President can form sub committees and appoint executive members as committee chairs. All committees shall report to the Executive Committee. The President specifies the term of service for each committee member and can reappoint or remove any member of the committees. A few possible committees are program committee, media committee, fund raising committee, and youth committee.

IX. Chapters

The Adivasi Janjati Peoples living in various regions of America could form the chapters of FIPNA. The FIPNA central committee needs to approve a chapter’s by laws by a simple majority and grant it a voting membership.

X. Conditions

1). Fiscal Year

The fiscal year of the Society shall be a calendar year from January 1 through December 31.

2). Audit and Tax filling

The FIPNA, through the Treasurer, shall have an independent audit of all the accounts by February of each year and shall file the tax by March 15th. FIPNA must keep all its books and transactions transparent.

3). Fund Distributions

All fund distributions especially for international projects should involve only legitimate parties or organizations and with utmost compliance to the US laws of international money transfer. Any amount more than or equal to $500 should be approved by both President and the Treasurer. The bank holding accounts of FIPNA should comply with this rule.

4). Report to the Membership

FIPNA shall keep all its accounts transparent and shall publish a full and clear financial statement at least twice a year.

XI. Amendments:

The power to alter, amend, or repeal these by-laws, or to adopt a new code of By-Laws, is reserved to the Executive Committee. Any change of the by-laws shall require the vote of two third executive members and shall not become effective for thirty (30) days, during which time a special meeting must be called.  A simple majority of the voting members present at this special meeting may vote to override any of the changes.

XII. Liquidation and Dissolution

The liquidation and dissolution of FIPNA or the amendment of these rules may be decided by two-third majority of the voting members at an annual meeting or a special meeting, provided that notice of the proposed dissolution or details of the proposed amendment shall have been circulated with the notice of the meeting.  In the event of dissolution, any residual funds of the FIPNA shall be distributed in accordance with the provisions set forth in the Certificate of Incorporation and no member shall have any claim on the FIPNA with respect to fees and subscription paid.