BOARD MEETING MAY 2017 KOREA

20th Meeting of the Board of Directors
Asian Ombudsman Association
PyeongChang, Republic of Korea:
16th May, 2017 at: 1pm

MINUTES

               The 20th Meeting of the Board of Directors (BOD) of Asian Ombudsman Association (AOA) was held on 16th May, 2017 at PyeongChang, Republic of Korea. The meeting was presided over by the Secretary AOA, Hon’ble Ms. Connie Lau Yin-hing, Ombudsman, Hong Kong upon a unanimous vote by Board Members to chair the meeting in the absence of the President AOA, Hon’ble Mr. Muhammad Salman Faruqui, Federal Ombudsman Pakistan and the Vice President AOA, Hon’ble Professor Elmira Suleymanova, Commissioner for Human Rights, Republic of Azerbaijan. Mr. Abdul Khaliq, Executive Secretary of the Asian Ombudsman Association Secretariat, coordinated the meeting.
Following Members of the BOD participated in the meeting:

S.No. Name Position Orgination
1. Connie Lau Yin-hing Ombudsman Office of the Ombudsman Hong Kong (Chair)
2. Mohammad Aghajari Deputy Ombudsman General Inspection Organization Iran
3. Amzulian Rifai Chairman Ombudsman Office of the Republic of Indonesia
4. Sariya Saburskaya Commissioner Office of the Commissioner for Human Rights Tatarstan
5. Songjiang Guo Director General Ministry of Supervision China
6. Hirohisa Furuichi Deputy D G Ministry of Internal Affairs & Communications Japan
7. Harjeet Singh Director General Public Complaints Bureau Malaysia
8. bdul Khaliq Executive Secretary AOA Secretariat

2.        The Chair welcomed the participants on behalf of the Association. She thanked the Government of Republic of Korea and their Excellencies Mr.Sung Yung-hoon, Chairman, Anti-Corruption and Civil Rights Commission (ACRC) and Mr. Shin Cheol-yeong, Chief Ombudsman, Ombudsman Commission of Gangwon Province for hosting the 20th Board of Directors Meeting, the 15th AOA General Assembly Meeting and 2017 PyeongChang Global Ombudsman Conference. The success of these Events being held at PyeongChang, Republic of Korea on 16 -19 May, 2017, could not be made possible without the wholehearted cooperation and support by the host country through the Chairman, ACRC and Chief Ombudsman of Gangwon Province and their staff. She thanked also, on behalf of the Association, for the warm hospitality and generosity extended to the delegates and participants, whose needs and comforts have been fully attended to which have made the Conference memorable and extremely enjoyable.
3.        With the above opening remarks, the Chair, Hon’ble Ms. Connie Lau Yin-hing, Secretary AOA (Ombudsman, Hong Kong) introduced the Agenda and the Executive Secretary explained the Agenda items one by one using power point presentation for reference of the Participants. He also explained the layout of the supporting documents.
4.         The Meeting deliberated on the Agenda Items and following decisions were taken:

Agenda Item No. 1

Approval of the Agenda for the present (20th) Meeting of the Board of Directors of AOA

Minutes:-

            The Executive Secretary apprised the Board on the sequence of items to be discussed and the rationale for discussing those items, pointing out that some of the items would be discussed further in the General Assembly Meeting. The Chair invited the Board Members to offer their comments, if any, on the current Agenda. No objection or observation was made by the Participants.

Decision:

                      In view of the above referred considerations, the Agenda was approved unanimously.

Agenda Item No. 2

Approval of the Minutes of the last (19th) Meeting of the Board of Directors held in Kazan, Republic of Tatarstan, on 10th August, 2016

 Minutes:-

                    The Board was apprised that the only observations received were from Ms. Connie Lau, the Secretary AOA (Ombudsman Hong Kong) and those observations had been incorporated in the Minutes before issue. Members were asked to provide their comments on the minutes. Members showed their satisfaction with the Minutes.

Decision:-

                    In view of the above stated position, the Minutes of 19th Meeting held in Kazan were approved by the Board of Directors unanimously.

Agenda Item No. 3

Implementation Report on the decisions of the last Meeting (19th  at Kazan) of the Board

 Minutes:-

                     The Board was apprised on the implementation of the decisions taken in the last (19th) Meeting of the BOD held in Kazan.  The Implementation Report, which had already been circulated to Members, was discussed point by point. Members were told that the Implementation Report would be laid before the General Assembly. Members showed their satisfaction on the implementation of the decisions taken in the previous Board Meetings.

Decision:-

                  The Board expressed its satisfaction on the Implementation Report and appreciated the efforts of AOA Secretariat for ensuring prompt and effective implementation of Board’s decisions.  In particular, the Board applauded the decision of the President AOA for allocating the work of System Network Administrator, Website Developer and Manager Coordination to the staff of Federal Ombudsman Pakistan to save the Association from additional financial burden.

Agenda Item No. 4

Approval of the Procedure of Election for any Vacancy falling Vacant during Tenure of the Board

 

Minutes:-

                  The Board was apprised on the background of the issue. During the Kazan AOA BOD Meeting, held on 10th August, 2016, the Board decided that the proposed electronic system should be reliable enough to ensure the secrecy of the vote, well protected against any intrusion and the adoption of the system should have prior approval of the Executive Committee. Nomination process should be transparent and nomination papers be scrutinized by the Executive Committee. The voting process should be monitored by the most senior Member of the BOD who is not contesting election him/herself and disclosure of the result of the vote  ‘including count of vote’ should be ensured. The Secretariat was asked to examine the rule position under existing law and to examine the efficacy of the proposed Electronic Framework for filling the Mid-Term vacancies.

           The Secretariat was also asked to examine the rule position, under the Code of Conduct of Business and Bye-Laws of AOA, whether candidates can contest election for more than one position or not.

            The Board was apprised that advice from IOI Secretariat was sought on holding elections through electronic means.  It transpired that a system named ‘Survey Monkey’ is currently used for filling mid-term vacancies by IOI. IOI had chosen the ‘Platinum package’ of ‘survey monkey’ for its elections process which is priced at ‘$779/year/user’. The Board was also apprised that Sections 2(8-12) of Code of Conduct of Business of AOA fulfil the requirements referred to in  the last Board Meeting  and Bye-Laws 7(6) and 7(9) address the issues revolving around Mid-Term Vacancy, whereas such Provision are not provided in IOI Bye-Laws. As a result, the ‘Survey Monkey’ or such other option does not appear feasible in view of the high cost and solution available through bye-Laws 7(6) and 7(9).

                  The Board was further advised that if, in future, the position of Vice President, Secretary or Treasurer fall vacant for a long time and existing Bye-Laws do not provide solution for the problem, the ‘Counter Proposal’ made by Honorable Ombudsman Hong Kong, Secretary AOA (communication OMB/ER/02/02 dated 4th August, 2015) may resolve the issue of filling Mid-Term/Temporary vacancy of Vice President, Secretary or Treasurer. The Counter Proposal from Ombudsman HK says:

………“For the sake of continuous and efficient operation of AOA, Members of the Board of Directors will be empowered to elect by secret ballot to fill any such temporary vacancies when arisen. This will ensure that all the candidates, proposers and seconders in such elections are eligible (since all Board members are full members with voting rights) and there will not be any difficulties in conducting the elections by secret ballot at a Board meeting.”

In view of above, the Board was requested to consider and decide:

  1. Whether AOA Bye-Laws meet the requirements pointed out in Kazan BOD Meeting regarding:
    • Transparency in Nomination Process & Approval by Executive Committee
    • Protection against any Intrusion  in the Voting Process
    • Secrecy of the Vote  Cast
    • Disclosure of Vote Count and  Election Result
    • Voting process be monitored by senior most Member
    • Amendments in Part-II (Election of Members of the Board of Directors) are required for a change in the given Procedure.
  1. Whether ‘Survey Monkey’ should be adopted in view of its cost and the variety in elections for filling Mid-Term vacancies.
  2. Whether the ‘Counter Proposal’ to resolve the issue of filling a Mid-Term Vacancy of Vice President, Secretary or Treasurer, if such vacancy ever occurs, should be adopted.
  3. Bye-laws and Code of Conduct of Business of AOA are silent on the point whether a Member can run for more than one position. In the past, one Member contested for only one position. With these in mind, the Executive Secretary should dilate upon this point to provide further information for members consideration.

              The Board was unanimous in its view that ‘Survey Monkey’ or other similar option is not feasible in view of its high cost and the availability of Bye-Laws 7(6) and 7(9) in resolving the matter, The Board further agreed that if the position of Vice President, Secretary or Treasurer fall vacant for a long time in future and existing
Bye-Laws do not provide solution for the problem, the ‘Counter Proposal’ stated above shall be adopted to resolve the issues revoking approval finding replacement to fill the Mid-Term vacancy of Vice President or Treasurer.  

             Regarding the point whether a Member can run for more than one position, since there was split of opinion on this matter during the discussion, the Chair decided that the issue should be further discussed at next Board Meeting.

Decision:-

             The Board unanimously decided that ‘Survey Monkey’ or other similar system is not required in view of its high cost and the availability of Bye-Laws 7(6) and 7(9) in resolving the matter.  The Board further agreed that if the position of Vice President, Secretary or Treasurer fall vacant for a long time in future, the ‘Counter Proposal’, stated above, shall be adopted to resolve the issues revolving around finding replacement to fill the Mid-Term vacancy of Vice President, Secretary or Treasurer.  The Board desired that the Secretariat should prepare a comprehensive report on this Issue and send it to the Members for further consideration.

            Regarding the point whether a Member can contest for more than one position, the Chair concluded that the Secretariat should also prepare a comprehensive report on this Issue and send it for the appraisal of Members and, if desired so, the matter will also be discussed again at the next Board Meeting.

 

Agenda Item No.5

Future Arrangement for AOA Website

 

Minutes:-

              The Meeting was apprised that the Board unanimously approved US$ 1000 per month for carrying out this activity in its Meeting held in Tokyo, Japan on 7th March, 2016. To implement this decision, test and interviews were conducted for the posts of System Network Administrator and Website Developer. The suitable candidates desired remuneration much above the approved amount.  Therefore, the President AOA decided to manage the I.T affairs of AOA Secretariat from the available IT staff of the Federal Ombudsman Secretariat to avoid extra financial burden on AOA. The AOA website (www.asianombudsman.com) is now fully functional.

Decision:-

              The Board felt obliged to the Federal Ombudsman Pakistan, President of the Association, for this generous gesture and asked the Executive Secretary to convey their whole-hearted appreciation for this kindness to his Excellency Mr. Salman Faruqui.

 

Agenda Item-6

Improving the working of AOA Secretariat and initiating e- Newsletter

 

Minutes:-

               The Board was apprised that the Secretariat is working on a plan to establish communication tools like webinar/video conferencing, AOA Directory akin to IOI Directory and a fortnightly e-newsletter for sharing information and experiences among the Members of AOA, on the pattern of ‘IOI’s Ombudsman News’.

                It was further told that, in the first instance, AOA website has been fully functional and the task of launching the e- newsletter in July, 2017 has been assumed by the AOA Secretariat and, in this connection, AOA Members are requested to contribute more on their activities for dissemination by the Secretariat.  On the other hand, work of preparing AOA Directory is in progress.

Decision:-

                    The Board appreciated the initiatives being taken by AOA Secretariat, under the patronage of Hon’ble President of the Association, for developing communication tools as mentioned above, especially launching of the e-newsletter in July 2017.

 

Agenda Item-7

Approval of TORs of Manager Coordination in AOA Secretariat

 

Minutes:-

                Members were apprised that TORs of Manager Coordination for AOA Secretariat were approved by the Board in its Meeting held in Tokyo on 7th March, 2016. The recruitment process was initiated but the suitable candidate desired remuneration much above the rates approved by the Board.  Therefore, the President AOA decided to manage these affairs of the AOA Secretariat from within the budget of the Federal Ombudsman Secretariat to avoid extra financial burden on AOA. If Federal Ombudsman Secretariat feels difficult to continue it from its own resources, the approved position of Manager Coordination through AOA fund may be activated at any time.

Decision:-

                   The Board appreciated the view taken by the President AOA.

Agenda Item-8

Report of the President on the Activities of the Association in terms of Section
5-5(i) of the Code of Conduct of Business of AOA

            As per Section 5-5(i) of the Code of Conduct of Business of the AOA, the Annual Report of the President for the year 2016, on the activities of the Association, was presented to the Board by the Executive Secretary on behalf of the President.

Decision:-

          The Board perused the Report and approved it with the direction to place it before the General Assembly.

 

Agenda Item-9

Review of the Development and Performance of the Academy established by the General Inspection Organization, Iran

 

Minutes:-

                    The Board was apprised on the initiatives taken by the General Inspection Organization (GIO) Iran for establishing the Academy of AOA for the promotion of ombudsmanship. Hon’ble Mr. Mohammad Aghajari, the Deputy Ombudsman (GIO) briefed the Board on the latest activities of the Academy; a printed Report in this respect was also presented to Members for their information. He also invited Members to a training program especially arranged for Members and Directors of the AOA.

Decision:-

                    The Board appreciated the initiatives taken by the GIO Iran in establishing training facilities which will promote the cause of ombudsmanship in Iran and will also provide opportunity to Member countries to benefit from these facilities.

Agenda Item-10

Use of AOA Funds and Resource Mobilization for AOA

 

Minutes:-

                    It was observed that such efforts may not be taken obligatory; it is up to a Member whether it feels comfortable to contact a donor for seeking financial support for the AOA. 

Decision:-                  

                    The matter may be left to Member’s choice; may not be much emphasized.

Agenda Item-11

Approval of the Audit Statement of AOA accounts for the year 2016.

 

Minutes:-

            The Audit Statement prepared by M/s W.A. Associates, for the year 2016 had been circulated among Members along with the Working Paper; its signed copies had been formally placed before the Board by the Treasurer, Hon’ble Deputy Ombudsman Iran. It was agreed that copies of the signed Audit Statement will also be sent to Members with the Minutes.

Decision:-

               The Board thanked the Secretariat and the Treasurer for timely submission of the Audit Statement   for the year 2016 and approved for placing it before the General Assembly for consideration.

 

Agenda Item-12

Consideration of application from Ombudsman Institution of Turkey for granting full membership of AOA

Minutes:-

                  The Board was apprised that Application was received from the Ombudsman Institution of Turkey for full membership. The scrutiny carried out by the AOA Secretariat concluded that the applicant is eligible for full membership. AOA Secretariat drafted working paper for the Executive Committee of the Board to consider and recommended approval for full membership of the applicant, pursuant to Sections 1-4 of the Code of Conduct. President and Vice President had already indicated their support to the application.

Decision:-

          The Board approved the application and unanimously supported the case be tabled for ratification by the General Assembly. The Board also appreciated the President AOA for the efforts he had been making for expansion of the Membership.

 

Agenda Item-13

Expansion of AOA

 

Minutes:-

                  Members were given update on the matter. Members should keep on pursuing their respective neighbouring countries for making them members of AOA, and thereby, promoting the cause of Ombudsmanship in the Asian Region.

 

 

Decision:-

                      Members resolved that they should continue with their efforts towards expanding the AOA membership, and thereby, promoting the cause of Ombudsmanship in the Region.

Agenda Item-14

16th AOA General Assembly, Conference and 21st AOA Board of Directors Meetings

 

Minutes:-

                   The Board was informed that Members had been requested on 2nd February, 2017 and 7th April, 2017 to give their options for hosting the 16th AOA General Assembly, Conference and 21st AOA Board of Directors Meetings.  Unfortunately no positive response had been received.  Members were requested to re-consider the matter.

(Post Meeting Notes:　The Ombudsman Kyrgyzstan, Hon’ble Mr. Kubatbek Otorbaev, later on, during the General Assembly Meeting, though it was not part of the General Assembly Agenda, offered to host 21st AOA Board of Directors Meeting in his country in 2018. Details of timing and venue will be finalized by the host in consultation with AOA Secretariat in due course.

Agenda Item-15

Deprivation of a Defaulting Member’s right of vote, right to contest election and right to avail any facility from the Association

 

Minutes:-

                          The Board was apprised that in 19th BoD Meeting held in Kazan, it was proposed that membership of Armenia be cancelled for not having paid annual fee since 2011 despite repeated reminders but the Board decided that instead of cancelling defaulting Member’s membership, it would be deprived of its rights to vote, contest election and avail any facility from the Association involving financial implications.

                  The Board was further apprised that in order to give effect to the said decision, it would be required to delete the Article 5(7)(d) and the expression  “Without prejudice to the generality of Bye-law 5(7)(d)”, from Article 5(11) as required under Article 6(4)(d).

 

Decision:-

 

                        The Board, agreeing to the above proposal, approved the proposed amendment in the Bye-Laws to delete the Article 5(7)(d) and amend Article 5(11) and consented to place it before the General Assembly for consideration and ratification.

Any Other Business

 

           The Chair invited Members for any additional point or comment they would like to discuss. Members showed their satisfaction on the issues discussed and generously appreciated the Secretariat for making expressive, well organized and documented presentation. The Chair thanked the participants for meaningful discussion and finally achieving consensus on each point. Members appreciated the efforts made by the Executive Secretary for effective implementation of the Board decisions and for creating conducive environment for smooth and disciplined proceedings of the Board Meeting.

                      While concluding the Meeting, the Chair thanked their Excellencies Mr. Sung Yung-hoon, Chairman, ACRC and Mr. Shin Cheol-yeong, Chief Ombudsman, Ombudsman Commission of Gangwon Province for arranging this mega Event that includes the Board Meeting of AOA.

There being no other business, the meeting ended at 2:30pm.