Council of Delegates 2009: Resolution 3

Council of Delegates of the International Red Cross and Red Crescent Movement, Nairobi, Kenya, 23-25 November 2009

The Council of Delegates,

recalling Resolution 6 of the 2005 Council of Delegates, which adopted the updated Strategy for the International Red Cross and Red Crescent Movement (Movement) reinforcing the ambition to build an even stronger Movement through enhanced cooperation for effective humanitarian action throughout the world,

reaffirming Action 3 of the Strategy for the Movement, which calls on all National Societies to examine their statutes and related legal texts by 2010 and, where necessary, to adopt new constitutional texts, in accordance with the "Guidance for National Societies Statutes” (Guidance document) and relevant resolutions of the International Conference (Resolution 6 of the 22nd International Conference, Teheran 1973, and Resolution 20 of the 24th International Conference, Manila 1981),

further recalling Resolution 7 of the 2007 Council of Delegates, which urges all National Societies, as requested under Action 3 of the Strategy for the Movement, to examine and update their statutes and related legal texts by 2010, in accordance with the Guidance document and relevant International Conference resolutions,

welcoming the report of the Joint ICRC/International Federation Commission for National Society Statutes (Joint Statutes Commission), which summarizes the progress made, the experience gained and the work still to be undertaken,

noting with concern that despite the progress achieved, the Movement is still far from reaching its objective of ensuring that by 2010 the statutes of all National Societies comply with the minimum requirements set out in the Guidance document,

1. draws the attention of all components of the Movement, in particular their leadership, to the crucial importance of high-quality statutes and related legal texts for the National Societies’ ability to deliver effective services to people in need and to act in conformity with the Fundamental Principles,

2. urges National Societies to continue working closely with ICRC and International Federation delegations, to consult with the Joint Statutes Commission and to take the Commission’s recommendations into account in order to ensure that all National Societies have examined and updated their statutes and related legal texts by the end of 2010, as requested under Action 3 of the Strategy for the Movement and in accordance with the Guidance document and relevant International Conference resolutions;

3. calls upon National Societies which have not yet initiated or concluded a statute-revision process to take the necessary steps to fulfil the objective of Action 3 of the Strategy for the Movement on the basis of the Guidance document and the supplementary Advisory Notes;

4. recommends to National Societies undertaking a revision process that they be particularly attentive to the following issues identified by the Joint Statutes Commission as the issues most often at variance with the Guidance document in the National Society draft statutes:

– a clear definition of the National Society’s relationship with the public authorities and its auxiliary status in the humanitarian field is needed, in respect for the Fundamental Principle of Independence
– a clear definition is needed of the governing bodies (composition, duties, procedures and rotation)
– separation must be ensured between governance and management functions
– membership must be defined
– the branch structure must be clearly set out (how branches are created, what bodies govern them and the relationship between branches and headquarters);

5. strongly encourages National Societies undertaking a revision process to use the Guidance document as reference document, as well as the Advisory Notes drawn up by the Joint Statutes Commission, in particular Advisory Note No. 3 on the process of revising National Society statutes;

6. invites the International Federation and the ICRC to draw on the work of the Joint Statutes Commission in order to provide the next Council of Delegates with a comprehensive assessment of the fulfilment of the objective set in the Strategy for the Movement (Action 3) and to present the Council with recommendations on the most appropriate ways to continue the process of working with National Societies on their statutes after the 2010 deadline for Action 3 of the Strategy for the Movement has expired.