ا) أهداف التعهد
‘The Malaysian Red Crescent Society as an auxiliary to the Malaysian government pledge to strengthen the statutory base of the Malaysian Red Crescent Society by reviewing, revising and strengthening its statutory base instruments and related frameworks (statutes, constitution etc) in line with the new standards in the ‘Guidance for the National Societies Statutes’ (Guidance Document), which was adopted by the Governing Board of the International Federation of Red Cross and Red Crescent Societies (IFRC) in 2018 and the Council of Delegates of the International Red Cross and Red Crescent Movement in 2019.’
This pledge is related to the 3rd Resolution of the Council of Delegates 2019 entitled ‘Movement approach to strengthening National Society statutory and constitutional base and complementary frameworks such as the Voluntary Charter.
This pledge addresses the monitoring and implementation of the commitments in the following manner;
– It ensures that the National Societies need to periodically review their statutes so as to ensure and maintain their relevance to the changing needs of the community.
– A sound and comprehensive statutory base and complementary legal, regulatory and policy frameworks of the National Societies is necessary in ensuring that the National Societies are able to deliver relevant, sustainable and principled humanitarian services to the vulnerable people and communities. This is accompanied by the accountability of the National Societies to its constituency at all times.
– This pledge also reaffirm the commitments undertaken by National Societies in past resolutions adopted by the Council of Delegates to work closely with not just ICRC and IFRC, but also the Joint Statutes Commission on the revision of their Statutes.
Its implication will include the followings;
(a) The National Society will take into considerations made by the latter so as to ensure that a sound legal, statutory and policy base frameworks will contribute to the development of National Societies.
(b) The National Society’s ability to act in accordance to the Fundamental Principles at all times.
(c) The National Society’s commitment to a culture of inclusion and diversity through the principles of gender equality and representation of minorities at all levels.
(d) The National Society shall share their Statutes and any revisions of it with the Joint Statutes Commission at the drafting stage.
– The National Societies are to review their statutory base instruments and complementary frameworks in accordance to the new Guidance for National Statutes (Guidance Document) periodically. According to the Guidance Document, within the period of five years from the commencement of this resolution and at least once within the period of ten years thereafter.
– The ICRC and IFRC at the relevant level are
(a) To provide active support in strengthening the National Society’s Statutes.
(b) To work together with the National Society concerned in providing the necessary support to the relevant public authorities in strengthening the National Society’s legal and statutory base frameworks.
(c) To monitor the progress of the National Society in reviewing its legal base in accordance to the Guidance Document.
(d) To support the National Society in strengthening its Statutes in specific areas such as integrity risk prevention and management as specified in Chapter Six of the Guidance Document.
ب) خطة العمل:
- Review of the Malaysian Red Crescent Society’s Constitution
The Malaysian Red Crescent Society is currently reviewing its Constitution. The process is expected to complete in 2021.
Activities:
2020
– Consultations with representatives from the Malaysian Red Crescent Society at State (branch) level and the National Executive Board members. (a one or two day meeting).
– Meetings of the Legal Base Working Group consisting of representatives from not just the Malaysian Red Crescent Society but also IFRC and ICRC (approximately six to twelve meetings).
– Consultation and update session with representative from the Joint Statutes Commission in Geneva via teleconference.
2021
– Meetings of the Legal Base Working Group following the consultation workshop with representatives from the Malaysian Red Crescent Society in 2020. (approximately twelve meetings).
– If necessary, a one day meeting with representatives from Malaysian Red Crescent Society. Maximum 60 pax.
– Sharing the final draft of the new Constitution to the Joint Statutes Commission prior to its approval.
– Submission of the final draft to the National Executive Board prior to the National Council for its approval.
2. Review of the Malaysian Red Crescent Society’s Handbook
There are over twelve handbooks that contain the detailed rules, regulations and standard operating procedures within the Malaysian Red Crescent Society. These handbooks consist of different topics such as the administration of the organisation, financial rules and regulations, rules and regulations pertaining to the establishment of subsidiary units of Malaysian Red Crescent Society, rules and regulations for the employees of Malaysian Red Crescent Society, rules on the uniform of Malaysian Red Crescent Society, regulations on the emblems, rules and regulations in time of emergency and disaster, camping activities and ambulance service.
All the handbooks need to be reviewed. Some of the handbooks are currently being reviewed.
The need of the detailed scrutinisation of the handbooks would differ from one handbook to another. Hence, the period required to review each handbook would differ. It is aimed that the majority if not all the handbooks be reviewed by 2023.
Activities;
2020
– The Legal Base Working group is currently reviewing the Constitution. In reviewing the Constitution, it is recognised and proposed that some of the relevant laws which are in the existing Constitution are best placed in the handbook. This is to ensure that the Constitution is as concise as possible. For this reason, the handbook containing the clauses which are currently in the Constitution need to be submitted together with the draft Constitution in 2021. This is to ensure that all the minimum requirements of the Guidance Document are fulfilled.
2021
– Workshops to review the handbooks.
– Three workshops of 30 pax for approximately 17 handbooks (3 x 17).
2022
– Workshops to review the handbooks.
– Three workshops of 30 pax for approximately 17 handbooks (3 x 17).
2023
– Workshops to review the handbooks.
– Three workshops of 30 lax for approximately 17 handbooks (3 x 17)
3. Review of the Malaysian Red Crescent Society’s Act of Parliament
Consultation need to be conducted with the representatives from the Ministry of Women, Family and Community Development which is responsible for the Malaysian Red Crescent Society and the Attorney General’s Chamber. It is not known as to the period needed for the review and drafting of the Act of Parliament because it depends on the schedule/availability of the Attorney General Chambers.
Activities
2020
– Internal discussion within the Legal Base Committee and the Legal Base Working Group on the appropriate steps to be taken.
2021
– Consultations with the Ministry of Women, Family and Community Development and the Attorney General’s Chamber followed by the necessary workshops. (to include approximately 4 one day formal meetings with the Ministry and the Attorney General’s Chamber. Maximum of 60 pax).
– Drafting of the new Malaysian Red Crescent Society’s Act of Parliament.
2022
– Consultations with the Ministry of Women, Family and Community Development and the Attorney General’s Chamber followed by the necessary workshops. (to include approximately 4 one day formal meetings with the Ministry and the Attorney General’s Chamber. Maximum of 60 pax).
– Drafting of the new Malaysian Red Crescent Society’s Act of Parliament.
2023
– Consultations with the Ministry of Women, Family and Community Development and the Attorney General’s Chamber followed by the necessary workshops. (to include approximately 4 one day formal meetings with the Ministry and the Attorney General’s Chamber. Maximum of 60 pax).
– Drafting of the new Malaysian Red Crescent Society’s Act of Parliament.
*The roadmap for the reviewing of the Malaysian Red Crescent Society’s Act of Parliament above are subject to changes as this would depend on the availability of the Ministry and the Attorney General’s Chamber.
4. Review of the Malaysian Red Crescent Society’s policies
Proposed review and introduction of various policies including the followings;
i. Raising a concern policy and procedure.
– These are situations when a member of the workforce reports a suspected wrongdoing risk or malpractice within the Malaysian Red Crescent Society. It is to be applicable to all people of Malaysian Red Crescent Society.
– It is to enable any suspected concern to be reported within a supportive environment.
ii. Passing of the Code of Conduct for elected officials within the organisation.
iii. Introduction of Conflict of Interest policy and procedure.
– Applicable but not limited to staffs, volunteers, members and office holders.
iv. Introduction of Harassment and Bullying Procedure.
v. Introduction of Complaints, Concern and Feedback policy and procedure.
– Introduction of policy to explain the standards of Malaysian Red Crescent Society for managing complaints, concerns and feedback that Malaysian Red Crescent Society receive from outside Malaysian Red Crescent Society.
vi. Review of Protection of Sexual Exploitation and Abuse policy and procedure.
vii. Introduction of Grievance procedure by employees.
viii. Review of disciplinary procedure for staffs of Malaysian Red Crescent Society.
ix. Review of Code of Conduct for entire Malaysian Red Crescent Society people.
– This includes employees, consultants, volunteers, interns, staff-on-loan, those working under the name of Malaysian Red Crescent Society.
Activities
2020
i. Review of the Code of Conduct for elected officials within the organisation by the Legal Base Working Group.
ii. Review of the Code of Conduct for entire Malaysian Red Crescent Society people. This include employees, consultants, volunteers, interns, staff-on-loan, those working under the name of Malaysian Red Crescent Society and legal status.
2021
i. Approval of the Code of Conduct for elected officials within the organisation by June 2021.
ii. Approval of the Code of Conduct for entire Malaysian Red Crescent Society people by June 2021. This includes employees, consultants, volunteers, interns, staff-on-loan, those working under the name of Malaysian Red Crescent Society.
iii. Review of the Disciplinary procedure for staffs of the organisation in August 2021.
iv. Drafting of Grievance procedure by employees of the organisation in August 2021.
v. Drafting of the Harassment and Bullying procedure of the organisation in August 2021.
vi. Drafting of Conflict of Interest policy and procedure in August 2021.
– Applicable to staffs, volunteers, members and office holders.
vii. Review of the Protection of Sexual Exploitation and Abuse policy and procedure in August 2021.
2022
i. Approval of Disciplinary procedure for staffs of the organisation in June 2022.
ii. Approval of Grievance procedure by employees of the organisation in June 2022.
iii. Approval of Harassment and Bullying procedure of the organisation in June 2022.
iv. Approval of Conflict of Interest policy and procedure in June 2022.
– Applicable but not limited to staffs, volunteers, members and office holders in June 2022.
v. Approval of the Protection of Sexual Exploitation and Abuse policy and procedure in June 2022.
vi. Drafting of Raising a Concern policy and procedure in August 2022.
– These are situations when a member of the workforce reports a suspected wrongdoing risk or malpractice within the Malaysian Red Crescent Society. It is to be applicable to all people of Malaysian Red Crescent Society.
– It is to enable any suspected concern to be reported within a supportive environment.
vii. Drafting of Complaints, Concern and Feedback policy and procedure in August 2022.
– Introduction of policy to explain the standards of the organisation for managing complaints, concerns and feedback that the organisation receive fro outside the organisation.
2023
i. Approval of Raising a Concern policy and procedure by June 2023.
ii. Approval of Complaints, Concern and Feedback policy and procedure by June 2023.
*The action plan above may be subject to amendment(s) due to circumstances which are beyond the control of the Malaysian Red Crescent Society.
ج) مؤشرات قياس التقدم المحرز
The progress with the reviewing and the successful introduction of the Malaysian Red Crescent Society’s Constitution, handbooks, Act of Parliament and policies.
د) الآثار المترتبة على الموارد:
Kindly refer to the document attached.
