I. The Code Observance Committee
The Code Observance Committee (hereafter called “the Committee”) shall be the body ultimately responsible for promoting and monitoring observance of the code.
A. Composition of the Committee
The Committee shall consist of five member networks. Each member network organization shall nominate one representative to the committee. The member networks are:
The term of office of a representative of the Committee shall be one year, but shall not be more than three consecutive years.
C. Leadership Selection:
The Committee shall select a Chair and a Secretary from the representatives.
II. Composition and Function of the Appeals Board
a. The Appeal Board shall consist of Chair/Head of the five member networks.
b. The Appeal Board shall be responsible to hear appeals and make recommendations for action by the committee.
c. The recommendation will be made by a majority vote
d. Members of the Appeal Board shall not be the same individuals currently serving on the Observance Committee
III. Functions of the Committee and committee meetings
The Committee shall have its ordinary meetings every three months.
Extraordinary meetings will be held if there are any complaints that need immediate action.
a. Assess complaints within 30 working days after receiving the complaints from the Secretariat.
b. Adjudicate and audit cases and make decisions on complaints.
c. Receive appeals and convey them to the appeal board within one month.
d. Make decisions with full consultation of all committee members.
e. Consult with members on any changes needed to the Code of Conduct.
d. Ultimate sanctions is removal from the list of signatories from the Code of Conduct
e. The decision will be made by a majority vote
IV. Secretariat and its role:
a. The Role of Secretariat:
The Secretariat will be one of the five member networks. The Secretariat will change each 3 years.
The Secretariat will have the following duties:
1) Receive and verify a copy of legal registration with the government of Afghanistan
2) Organize Committee meetings
3) Prepare and set agenda, minutes and other relevant documents of meetings
4) Coordinate among Committee members
5) Receive complaints for the Committee
6) Receive submissions and applications
7) Refer complaints to the Committee
8) Assess complaints with proper documents if reasonable or not
9) Promote the Code of Conduct
10) Maintain the Code of Conduct website
11) Prepare and maintain list of signatories
12) Maintain the records
13) Maintain a confidential complaints log
V. The process of receiving complaints
a. The following parties can make complaints:
1) Beneficiaries, community members, partners and members of a signatory NGO
2) Signatories of this Code of Conduct
3) Network organizations
4) Staff members of the signatory NGO
5) Any other stakeholders
The Secretariat may follow up on complaints published in the media or from any other stakeholders.
b. Processing complaints:
1) The Secretariat will receive complaints from relevant groups and individuals- by any possible channel.
2) The Secretariat is responsible to assess the complaints to determine if the complaints are reasonable and shall refer reasonable complaints to the Committee no later than 10
3) The Committee will investigate the complaints and will make a decision within 30 working days.
4) The NGO, subject to complaint, will be invited to address the Committee.
Annex to Code of Conduct
1. Code of Conduct revision Purpose:
This Code of Conduct is modified to be more inclusive of all NGOs involved in Afghanistan and to ensure its compliance with the current environment and needs of NGOs.
NGO: a domestic or foreign non- governmental, non- political and not-for-profit organization.
Not-for-profit: an NGO cannot distribute its assets, earnings or profits as such to any person rather than beneficiaries. However, there may be paid employees or activities generating revenue which will be used solely for the stated purposes of the organization.
Impartiality: we offer assistance to people based on need and irrespective of race, religion, gender or political affiliation.
Transparency: a lack of hidden agendas and conditions, accompanied by the availability of full information required for collaboration, cooperation, and collective decision making or minimum degree of disclosure to which agreements, dealings, practices, and transactions are open to all for verification.
Accountability: we are committed to regularly evaluating the effects of our activities. We assume the responsibility of accounting for our actions to our beneficiaries, donors and other interested stakeholders.
Neutral: we do not take sides in armed conflicts, we provide care on the basis of need, and we push for independent access to victims of conflict as required under international humanitarian law.
Independence: We conduct our own evaluations on the ground to determine peoples’ needs. Our programs are designed based on identified needs and not on political rhetoric or fads.
Complaint: a statement, expression of pain, dissatisfaction, or resentment from beneficiaries, community members, partners and members of a signatory NGO, network organizations, staff members of the signatory NGO, or any other stakeholders against a signatory of the code of conduct.
International humanitarian law and international human rights law:
two distinct but complementary bodies of law. They are both concerned with the protection of the life, health and dignity of individuals. (ICRC)