Writing a constitution
Strict independence from commercial and party political
interests, being not-for-profit and acting for the common good of
consumers are the fundamental principles that should be embedded in
the DNA of every consumer organisation according to Consumers
International, and its membership criteria.
Why a constitution?
Consumer organisations operate in different legal environments
and under conditions and constraints that vary greatly from one
country to another, from one community to another. This makes it
all the more important that consumer groups around the world share
a common commitment to excellence, independence, transparency, high
ethical standards, good governance, and accountability.
As a first step, the organisation should develop an
organizational statute, sometimes referred as by-laws, articles of
association or constitution. Through this legally-binding document,
the organisation should seek to safeguard its integrity and
independence as well as describe conditions and processes that it
must follow in its operations and decisions based on the Law of the
land.
What does it cover?
A constitution should set out the functions or objects of the
organisation; rules for membership, general assembly meeting and
voting; and procedures for the appointment, terms as well as
responsibilities of members of the organisation's main
decision-making body.
It is recommended that a governing body - preferably elected -
such as a Board or Executive Committee or Council should supervise
and evaluate the performance of the Chief Executive or Director of
the organisation. The governing body should also decide the overall
strategy and assure and monitor financial integrity.
Law
A careful study of the laws governing the registration of a
non-governmental organisation, and more specifically a consumer
organisation, is required before writing a constitution. As an
example, some
European countries have specific legal requirements which
define what a consumer organisation is at national level.