GENERAL ASSEMBLY MEETING MAY 2017 KOREA
15th Meeting of the General Assembly
Asian Ombudsman Association
PyeongChang, Republic of Korea
16th May, 2017 at 3:00pm
MINUTES
15th Meeting of the General Assembly 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 due to 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 AOA participated in the meeting:
| S.No. | Name | Position | Organization
|
|---|---|---|---|
| 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 of 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. | Yung-Hoon Sung | Chairperson | ACRC- Republic of Korea |
| 9. | Cheol-Young Shin | Chief Ombudsman | Ombudsman Commission of Gangwon Province Korea |
| 10. | Kubatbek Otorbaev | Ombudsman | Office of the Ombudsman of Kyrgyzstan |
| 11. | Weng Chon Cheong | Commissioner | Commission against Corruption Macao |
| 12. | M. Raeesuddin Paracha | Ombudsman | Office of Federal Insurance Ombudsman, Pakistan |
| 13. | L.A. Tissa Ekanayake< | Ombudsman | Parliamentary Commissioner for Administration , Sri Lanka |
| 14. | Silverio Pinto Baptista | Ombudsman | Ombudsman for H Rs & Justice, Timor-Leste |
| 15. | Viddhavat Rajatanun | Chief Ombudsman | Office of the Ombudsman of Thailand |
| 16. | Seref Malkoc | Chief Ombudsman | Ombudsman Institution of Turkey |
| 17. | Ulugbek Mukhammadiev | Ombudsman | The Oliy Majlis of the Republic of Uzbekistan |
| 18. | Abdul Khaliq | Executive Secretary | AOA Secretariat –Pakistan |
| OBSERVERS | |||
| 1. | Mohammad Alromaihi | Ombudsman | National Security Agency Bahrain |
| 2. | Alan N Lai | Honorary Member | University of Hong Kong |
| 3. | V. Siracha | Ex.Chief Ombudsman | Thailand |
| 4. | Diane Welborn | First Vice President | IOI, Ombudsman, Ohio, USA |
2. The Chair welcomed the participants on behalf of the Association and appreciated the Government of Republic of Korea and 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 15th AOA General Assembly Meeting and 2017 PyeongChang Global Ombudsman Conference. She thanked for the warm hospitality and generosity extended to the delegates and participants that 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 for reference of the Participants. He also explained the layout of the supporting documents for the ease of reference.
4. The General Assembly deliberated on the Agenda Items and following decisions were taken and respective Resolutions were passed.
Agenda Item No. 1
Amendment of Section 6-6 of Code of Conduct of Business of the AOA
Minutes:
The General Assembly was apprised that an amendment in section 6-6 of Code of Conduct of Business of the AOA was considered by the BOD in its 18th Meeting held in Tokyo on 7th March, 2016 through Agenda Item No.16 to enable AOA funds to be utilized under signature of Executive Secretary of AOA and a Senior Advisor appointed by the Federal Ombudsman of Pakistan in his capacity as President AOA. However, the President AOA would accord approval of expenditure before the payment. The Board approved the amendment in section 6-6 of the Code of Conduct of Business of the AOA, enabling the Secretariat to revise the payment procedure as proposed.
Therefore, in terms of Section 3 (8-10) of AOA’s Code of conduct, the General Assembly was requested to ratify the aforementioned approval of the Board. Accordingly, Draft Resolution No.1 was placed for the consideration and adoption of the General Assembly.
The General Assembly unanimously upheld the decision of the Board and approved the proposed amendment.
Decision:
The General Assembly ratified the aforementioned approval of the Board in terms of Bye-Law 6(4)(d) and, accordingly, adopted Resolution No. 1 of 2017 ( Annexure-I) to give effect to its decision.
Agenda Item No. 2
Amendments proposed in Bye-Laws–Relaxation of Entry Requirements for Membership
Minutes:
The General Assembly was apprised that the amendment proposed in the By-Laws of AOA for relaxation of entry requirements for membership was considered by the BOD in its 18th Meeting held in Tokyo on 7th March, 2016 through Agenda Item No.19. The Board approved the proposal and decided to place it for consideration of the General Assembly.
Therefore, in terms of Section 3 (8-10) of AOA’s Code of conduct, the General Assembly was requested to ratify the aforementioned approval of the Board in respect of relaxing entry requirements for membership. Accordingly, Draft Resolution No.2 was placed for consideration and adoption by the General Assembly.
The General Assembly unanimously upheld the decision of the Board and approved the proposed amendment
Decision:
The General Assembly ratified the aforementioned approval of the Board in terms of Bye-Law 6(4)(d) and, accordingly, adopted Resolution No. 2 of 2017 (Annexure-II) to give effect to its decision.
Agenda Item No. 3
Consideration of Application for Full Membership of AOA from Jordan Ombudsman Bureau
Minutes:
The General Assembly was apprised that the application for Full Membership of AOA from Jordan Ombudsman Bureau was considered by the BOD in its 18th Meeting held in Tokyo on 7th March, 2016 through Agenda Item No.6. The Board unanimously supported the request of Ombudsman-Institution of Jordan, under Bye-Law 5(1) and Section 1 of Code of Conduct of Business (CCB), for granting it full membership of AOA and recommended its case for consideration of the General Assembly.
Therefore, in terms of Section 1(5) and 4(1) of the Code of Conduct, the General Assembly was requested to ratify the recommendation of the Board for granting full AOA membership to the Ombudsman-institution of Jordan, under Bye-Law 6(4)(a). Accordingly, draft Resolution No.3 was placed for consideration and adoption of the General Assembly.
The General Assembly endorsing the decision of the Board, approved full AOA membership to the Ombudsman-institution of Jordan vide its powers vested under Bye-Law 6(4)(a) of the Associatio n.
Decision:
The General Assembly approved full AOA membership to the Ombudsman-institution of Jordan vide its powers vested under Bye-Law 6(4)(a) of the Association and, accordingly, adopted Resolution No. 3 of 2017 (Annexure-III) to give effect to its decision.
Agenda Item No. 4
Consideration of Applications for Full Membership of AOA from Ombudsman of Georgia and Ombudsman of Dagestan (Russian Federation)
Minutes:
The General Assembly was apprised that separate applications for Full Membership of AOA from Georgia and Dagestan (Russian Federation) were considered by the BOD in its 19th Meeting held in Kazan on 10th August, 2016 through Agenda Item No.6. The Board supported for granting them full AOA membership under Bye-Law 5(1) and Section 1 of CCB and recommended their cases for consideration of the General Assembly.
Therefore, in terms of Section 1(5) and 4(1) of the Code of Conduct, the General Assembly was requested to ratify the recommendations of the Board for granting full AOA membership to the said two Institutions under Bye-Law 6(4)(a) and, accordingly, draft Resolution No.4 was placed for consideration and adoption of the General Assembly .
The General Assembly endorsing the decision of the BOD approved full AOA membership to the Ombudsman-institutions of Dagestan and Georgia vide its powers vested under Bye-Law 6(4) (a) of AOA.
Decision:
The General Assembly approved full AOA membership to the Ombudsman-institutions of Dagestan and Georgia vide its powers vested under Bye-Law 6(4)(a) of the Association and, accordingly, adopted Resolution No. 4 of 2017 (Annexure-IV) to give effect to its decision.
Agenda Item No. 5
Non-Payment of AOA Membership Fee (Case of Armenia)
Minutes:
The General Assembly 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, taking lenient view, decided that instead of cancelling the defaulting Member’s membership, it would be appropriate to deprive it of its rights to vote, contest election and avail any facility from the Association involving financial implications.
The General Assembly was further apprised that the case was brought to the notice of the Board in its 20th Meeting held in PyeongChang on 16th May, 2017 through Agenda Item-15 that in order to give effect to the said decision it would be required to delete the Bye Law 5(7)(d) and the expression “Without prejudice to the generality of Bye-law 5(7)(d)”, from the Bye-Law 5(11), the Board agreeing to the above proposal approved the proposed amendment in the Bye-Laws and consented to place it before the General Assembly for consideration and ratification. Accordingly, Draft Resolution No.5 was placed for consideration and adoption by the General Assembly.
The General Assembly supported the decision of the Board and approved the proposed amendments in the Bye-Laws of the Association.
Decision:
The General Assembly ratified the aforementioned decision of the Board for deleting the Bye Law 5(7)(d) and the expression “Without prejudice to the generality of Bye-law 5(7)(d)” from the Bye-Law 5(11)in terms of Bye-Law 6(4)(d) and, accordingly, adopted Resolution No. 5 of 2017 (Annexure-V) to give effect to its decision.
Agenda Item No. 6
Touring Expenses of the Executive Secretary with respect to Association’s Business
Minutes:
The General Assembly was apprised that the Board in its 19thMeeting held in Kazan on 10th August, 2016) through Agenda Item No.13 considered and unanimously approved the proposal for allowing touring expenses of the Executive Secretary for attending BoD, General Assembly or such other meetings of AOA provided that prior approval of the Executive Committee by on line circulation will be sought on the expenses.
The General Assembly was requested to ratify the decision of the Board and, accordingly, draft Resolution No.6 was placed for consideration and adoption of the General Assembly
Decision:
The General Assembly unanimously ratified the decision of the Board and adopted Resolution No.6 (Annexure- VI) to give effect to its decision.
Agenda Item No. 7
Establishing AOA Alumni
The General Assembly was apprised that Agenda Item No.15 regarding establishing AOA Alumni was considered by the Board in its 19th Meeting held in Kazan on 10th August, 2016. The Board decided that retired AOA members be invited to join AOA Alumni to share their expertise and every retired member will automatically become a member of AOA Alumni. They will be invited to participate in the major events of the AOA.AOA Alumni Directory will be prepared seeking information of the willing members through incumbent ombudsman.
Therefore, the General Assembly was requested to ratify (or otherwise) the decision of the Board and implement accordingly.
The General Assembly appreciated the initiative taken by the Board and gave its consent to implement the proposal for establishing AOA Alumni.
Decision:
The General Assembly approved the proposal for establishing AOA Alumni and, accordingly, Resolution No.7 (Annexure-VII) was adopted to give effect to its decision.
Agenda Item No. 8
Approval of the Audit Statements of AOA accounts for the years 2015 and 2016
Minutes:
The General Assembly was apprised that, through Agenda Item No. 9 of 18th BoD Meeting held in Tokyo (7th March, 2016)and Agenda Item No.11 in 20th BoD Meeting held in PyeongChang, Republic of Korea (16th May, 2016), Audit Statements of AOA accounts for the years 2015 and 2016 respectively, prepared by WA Associates (Pvt) Limited, the authorized auditors of AOA, were considered and approved by the Board with the recommendation to place them before the General Assembly for ratification under the Bye-Law 6(4)(f).
The General Assembly appreciated the Secretariat for accomplishing the Audit Statements of the AOA accounts for the years 2015 and 2016 in time and getting it approved from the Board accordingly.
Decision:
The General Assembly approved the Audit Statements of AOA accounts for the years 2015 and 2016 and accordingly, adopted Resolution No.8 (Annexure-VIII) to give effect to its decision.
Agenda Item No. 9
Consideration of Application from Ombudsman Institution of Turkey for Full Membership of AOA
Minutes:
The General Assembly was apprised that the application of Ombudsman Institution of Turkey for full membership of AOA was considered by the BOD in its 20th Meeting held in PyeongChang on 16th May 2017 through Agenda Item No.12. The Board unanimously supported the request of Ombudsman Institution of Turkey, under Bye-Law 5(1) and Section 1 of CCB, for granting it full membership of AOA and recommended its case for consideration of the General Assembly.
Therefore, in terms of Section 1(5) and 4(1) of the Code of Conduct, the General Assembly was requested to ratify the recommendation of the Board for granting full AOA membership to the Ombudsman Institution of Turkey, under Bye-Law 6(4)(a). Accordingly, draft Resolution No.9 was placed for consideration and adoption of the General Assembly.
The General Assembly endorsing the decision of the Board, approved full AOA membership to the Ombudsman Institution of Turkey vide its powers vested under Bye-Law 6(4)(a) of the Association.
Hon’ble Ombudsman Turkey thanked the President AOA for motivating him to become AOA Member and appreciated the facilitation extended by AOA Secretariat for efficient processing of the case and getting it through the approval process in the Board and the General Assembly so promptly. He thanked the Board Members and the Members of AOA for granting his Institution the full membership of AOA. He assured, on behalf of his Institution, to work together with the Association for promoting the cause of ombudsmanship in Asia and elsewhere.
Decision:
The General Assembly approved full AOA membership to the Ombudsman Institution of Turkey vide its powers vested under Bye-Law 6(4)(a) of the Association and, accordingly, adopted Resolution No. 9 of 2017 (Annexure-IX) to give effect to its decision.
Agenda Item No. 10
Consideration of proposal for hosting 16th General Assembly Meeting and AOA Conference in 2019
Minutes:
The General Assembly was apprised that AOA Secretariat issued letter/e-mail dated 2nd February, 2017 and reminder on 7th April, 2017 to all Members of the Association for inviting options for hosting 16th General Assembly Meeting and AOA Conference in 2019. The matter was also discussed by the Board in its 20th Meeting held on 16th May 2017 at PyeongChang. Since no response was received, the Board desired to place the position for consideration of the General Assembly.
Accordingly, the matter was placed for consideration in the General Assembly.
Hon’ble Ombudsman Turkey thanked the Members of AOA for granting his Institution the full membership of AOA and resolved to work together with the Association for promoting the cause of ombudsmanship in Asia and elsewhere. He also offered for hosting the 16th General Assembly Meeting and AOA Conference in 2019.
Executive Secretary AOA (who is also Executive Secretary of the OIC Ombudsman Association) told the Assembly that the Ombudsman Institution Turkey is also hosting next OIC Ombudsman Association Conference in September 2017. Now, the offer made for the next AOA Conference reflects how great respect and recognition the Turkish Ombudsman has for the ombudsman as an effective institution for ensuring social justice, good governance and protection of human rights.
The General Assembly accepted the offer extended by the Hon’ble Ombudsman Turkey and thanked for his pro-active outlook towards ombudsmanship.
As regards the Board of Directors Meeting in 2018, the Ombudsman Kyrgyzstan, the Hon’ble Mr. Kubatbek Otorbaev, indicated his interest to be the hosting country during the Conference and General Assembly Meeting. (AOA Secretariat is seeking confirmation to this effect from the Ombudsman Office, Kyrgyz Republic.
Decision:
The General Assembly approved the offer made by the Hon’ble Chief Ombudsman Turkey for hosting 16th General Assembly Meeting and AOA Conference in 2019 in Turkey under the Bye-laws 6(2) and 6(4)(g) of AOA and, accordingly, adopted Resolution No.10 (Annexure-X) to give effect to its decision.
Agenda Item No. 11
Presentation of Annual Reports for the years 2015 and 2016
Minutes:
In pursuance of Bye-law 9(2) of AOA Bye-laws, Annual Report for the year 2015 and 2016 prepared by the President AOA / Secretariat, were placed before the General Assembly for perusal.
Decision:
The General Assembly thanked the President AOA for keeping the Board and the General Assembly well informed through these Annual Reports and showed satisfaction on the performance of the Secretariat in implementing the decisions of the Board and the General Assembly and for taking initiatives for promoting the cause of ombudsmanship.
Agenda Item No. 12
Vote of Thanks and Gratitude
The General Assembly unanimously recorded its views as token of thanks and gratitude that the success of 15th AOA General Assembly Meeting and 2017 PyeongChang Global Ombudsman Conference 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, Anti-Corruption and Civil Rights Commission and Chief Ombudsman of Gangwon Province and their staff.
The General Assembly expressed that the warm hospitality and generosity extended to the delegates and participants, whose needs and comforts have been fully attended to, have made the Conference memorable and extremely enjoyable.
The General Assembly resolved to express its sincere appreciation and gratitude to Excellencies Mr. Sung Yung-hoon, Chairman, ACRC and Mr. Shin Cheol-yeong, Chief Ombudsman, Ombudsman Commission of Gangwon Province, staff of the Ombudsman Institutions and associated functionaries of other departments of the Government for successful hosting of 15th AOA General Assembly Meeting and 15th Asian Ombudsman Association Conference titled as 2017 PyeongChang Global Ombudsman Conference.
To formalize these sentiments, Resolution No. 11 (Annexure-XI) was adopted by the General Assembly.
5. The Chair invited the 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 smooth and disciplined proceeding of the General Assembly Meeting.
While concluding the Meeting, the Chair, once again thanked their Excellencies Mr. Sung Yung-hoon, Chairman, ACRC and Mr. Shin Cheol-yeong, Chief Ombudsman, Ombudsman Commission of Gangwon Province for arranging the General Assembly Meeting within the framework of mega Event in beautiful town of PyeongChang.
There being no other business, the meeting ended at 5:00 pm.