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OGADEN CONCERN ASSOCIATION (OCA)

Memorandum of understanding for

OGADEN CONCERN ASSOCIATION (OCA)

April 20, 2012

Jigjiga

1-Introduction

Ogaden Concern Association(OCA) is a non-governmental, non-political ,non-religious and nonprofit making developmental and indigenous organization (NGO) that were established after survey conducted by the founders, which the result has showed a large number of people suffering seriously in every corner of Somali region of Ethiopia particularly in the rural areas due to malnutrition, hunger, and etc, where most of those vulnerable people in the region don’t have access to food, health, clean water, education and skills development opportunists. .

On the other hand it was identified that the people who were mostly severely affected by emergencies’ are those who were already live in poverty and already suffer. Those Where the most reasons which were established for this association. The most important reason and justification behind establishing this local association is because Somali region is one of the back warded regions of Ethiopia due to the recurrent drought which have limited the social-economic infrastructure, followed with climate change which is also very common phenomena and have affected the resilience of the poor pastoral and agro-pastoral communities generally and particularly women and children’s whom are the most vulnerable groups since they are among under privileged people because they work very long hours, must take care of the children and cannot read and write.

The association aims to be purposeful and dynamic, making real contributions to promote the livelihood of the most vulnerable community; it addresses issues of Education, Health, Agriculture, livestock, Water and Sanitation and environmental issues in close collaboration with all stakeholders. The association will encourage and support well-planned initiatives aimed at the advancement of most vulnerable community exposed the ill effects of underdevelopment in Somali region, through increasing funding for above-mentioned issues to enhance sustainable creating and enhance opportunities’ for non- formal and basic alternative education as well as income generation opportunities’ such as credit and saving schemes to support the poor households economy and diversify their livelihood. Therefore social-economic empowerment through education can be achieved by providing girls and boys with access education and training of crucial skills that would assistant them to be their livelihoods and gain access to gainful employment.

2. Vision/Mission

2.1. Mission

  • Improving the livelihood of the poor communities in Somali regional state of Ethiopia (Ogden) by developing and implementing long-term, sustainable solutions mainly in rural areas.

  • Achieve long term self-reliant on basis of mutual interest

  • Community empowerment through educational and economical improvements

  • Ensure food self-sufficiency and economic development of most vulnerable people in the region

2.2. Vision

  • To change the livelihood of the poor communities in Somali regional state of Ethiopia (Ogden)

  • To bring about lasting positive solutions to address the poverty and sufferings of the poor people in Somali regional state of Ethiopia, through working with the most vulnerable people

  • Help the local community to achieve a significant change

  • Strive to achieve a broadened opportunities for a secure and sustainable livelihood for disadvantaged community

3. Core Values:

  • OCA believes that the live of all human being is equal value and poverty is in justice and makes most vulnerable community the less resilience

  • Poor people poverty and sufferings are increased by un-equal relation based on gender, race, class and disability that women and children who made the majority of the world poor are far most marginalized,

  • Work together we can build a Justice and safer the world in which people take control over their lives and enjoy equal rights

  • OCA is also non-religious, non-political, non-profit and non-discriminating organization.

4. Goals:

  • To Eradicate the extreme poverty and hanger of the poor people in Somali regional state of Ethiopia

5. Organizational Charter, Internal Institution/ Bay-law

Article 1: Establishment of the Association

This has been established in Jigjiga on January, 29, 2012 under the Association name of “Ogaden Concern Association” (OCA) In accordance with the article 404 of the Ethiopian Civil Code and Associations registration directive № 76/95

Article: 2. Emblem and stump/ seal of the association

The emblem of the association shall be a tree with camel, person and head of sorghum. The Association will use a common seal bearing its name and the emblem kept under key and locks by the assigned person for the purpose and shall be used only by and in the presence of the person authorized to sign the documents on behalf of the association

Article: 3. Headquarter of the Association

The head office of the Association shall be in Jigjiga, and may open branches in the main towns of the zones as found necessary.

Article 4.Nature of the Association

This organization is non-governmental, independent, non-profit making indigenous association that promotes the livelihood of disadvantaged community through welfare and development.

Article 5: objectives and activities

  • To develop and upgrade the level of the community to more advance standard of living in particular emphasis to most vulnerable

  • To support and promote the livelihood of most vulnerable community and effected groups

  • To achieve long-term self-reliant on basis of mutual interests

  • To participate and the benefits of development

  • To improve the health facilities’ and other human nesseceries

  • To participate water development and rehabilitation of existing community water services

Article 6: Organization operational program

  • The organization will be executing all programs by itself or by partnership when deemed necessary,

  • The executive board shall be responsible to develop the organizational Organogram and hierarchal system, for the good execution of the organization activity and its existence, the following points shall be fulfilled.

  1. Every year, annual strategy will be developed while reviewing the progress of the previous yeas achievements with full participation of the stakeholders from district, zonal and regional

  2. Fund shall be secured form all the directions that show green light to support organizational vision, mission in relation to the key strategic plan

  3. Financial audit shall be conducted every year

  4. Competent and qualified staff shall be recruited for the execution of the project activities, recruitment procedures has to be developed and adopted in regards to the national policy

  5. Secretarial activates shall be done with the proper documentation an filling both in hard and soft copy of all organization activity

  6. A coherent and memorandum of understanding should be made for all forms of agreements with second or thirty parties

  7. Incomprehensive manual for personnel and financial management shall be developed

  8. Local and international staff security shall be among the most priority emergency evacuation issues has to underlined with all forms of commitment

  9. Management teams shall decide the organizational priority with majority affirmation to the decisions

  10. Regular meetings shall be conducted as seen necessary

  11. Proposals addressing the organization key strategically objective should be developed either through staff’s effort or by consultancy

  12. The organization should have full participation in all forms that are conducted nationals and internally that address in contributing to key organizational mission

  13. The organization is deemed to pay all the taxation

Article: 7.Activities/ requirements of the association

OCA will carry out the following Activities

  1. Health, Nutrition and Family Planning Programs,

  2. Water, Sanitation and Hygiene Promotions

  3. , Supporting of Handicapped People

  4. Social Culture Improvements,

  5. Natural Resource Conservation and Environmental Improvement Schemes,

  6. Capacity Building,

  7. Development of Local Crop Production,

  8. Animal Health Services,

  9. Basic Alternative Education Development

  10. Disadvantaged, Orphan and Vulnerable groups Support Program

Article 8.Membership

  1. The association shall have founding members and members who are accepted by the general assembly by full filling conditions of membership.

  2. Anyone whose age is more than 18 years.

    1. Who accepts the objectives of the association

    2. Anyone who is willing to pay membership fee, ready to render professional service or labor services.

    3. Who according to the characteristics of the association fulfills other criterion set by the general assembly can be a member of the Association.

Article: 9. Rights of members

  1. All members of the association shall have equal rights

  2. Membership rights are personal rights and cannot be transferred to heirs or other persons.

  3. Every permanent member of the association shall have;

    1. The right to elect, be elected and have access to all information regarding the Association’s activities.

    2. The right to participate on the general assembly meetings to express views and comment on the activities of the Association and to vote on decisions made.

Article: 10.Duties of the members

      1. Every member shall pay the membership fee on time

      2. During Withdrawal a member shall pay outstanding credits

      3. Every member must respect the objectives and render the expected services to the Association.

      4. A member who doesn’t pay fees and unable to render services expected shall not exercise his rights.

Article: 11. Grounds for termination of membership

  1. Membership of the Association may be terminated by one of the following conditions.

    1. Death of the member or

    2. Order of a court

    3. By violating the provisions of this law and upon the approval of the general assembly.

  1. On his own initiative through application His/her membership will be terminated.

Article: 12. Structure of the Organization

OCA will have the following structure at the establishment, and the structure might be changed and adjusted with services and operations the organization will carry out to facilitate the effective management of projects and operations that the organization renders:

      1. General Assembly

      2. Board of Directors, and General Auditor.

      3. General Manager

      4. Accountant, Cashier and other employees

Article: 13. Powers and duties of the general assembly;

  1. The general assembly will be the members association as indicated on under article six this bylaws it have the following powers and duties.

  2. The general assembly is the supreme organ of the Association;

  3. Elect and dismiss the board members, the auditor and general assembly and chairman deputy chairman and secretary

  4. Decide on the policy directives of the Association

  5. Approve annual calendar activities, action plans and budget;

  6. Approve annual achievements and audit reports

  7. Decide on applications requests for membership

  8. Investigate and dismiss the members as indicated on this bylaws anyone who don’t fulfill his duties.

  9. Listen and performance reports presented by the board, investigate and make sure whether the objectives of the Association planned actions and programs are implemented or not.

  10. Amend the bylaws

  11. Decide the on the change of the head office and the opening branch offices

  12. Will make the Association’s accounts and checked by an external auditor.

  13. Will decide the on the dissolution of the Association.

  14. Decide other issues which are not obliged to other management bodies.

  15. The general assembly consists of founding members and board members.

Article 14: Duties and Responsibilities of the General Assembly’s Bodies;

  1. The general assembly will have a chairperson/chairman and secretary their duties and responsibilities are as follows;

Chairman of the general assembly;

  1. Chairs the general assembly meetings

  2. Make sure that the general assembly decisions and guidelines are implemented accordingly

  3. Deliver audit and achievement reports endorsed by the G.A. to relevant government bodies and donors.

  4. List down issues for discussion by the G.A and present through the secretary;

Secretary

  1. Prepare agenda for G. A to gather with chairman

  2. Write the minutes of the G.A

  3. Handle the G. A documents

  4. Transfer the G.A. decisions to the relevant bodies.

Article 15: General Assembly Procedures for Meeting, Election, and Decision making

  1. Regular general assembly meeting convenes ones in a year. However, when urgent issues are encountered an extra-ordinary meeting can be called.

  2. Extra-ordinary meeting can be called upon the demand of more than 10% of the members

  3. The General Assembly Election will be conducted when Quorum is achieved and after electing three members as election facilitating committee.

  4. Before undertaking election the facilitating committee enables the G.A to reach a decision on a set of election Criteria.

  5. Quorum is fulfilled when 51% of the regular members are available. If quorum is not achieved, and it found necessary to make a second call after confirming that all members have received invitations, it is possible to make decisions by those members available only on the agenda specified on the letter of Call.

  6. If the members are plenty and is not possible to call all of them, it is possible to call by representation. The modalities of representation can be decided on the by-laws.

  7. General assembly decisions are made based on the majority votes of participating members. If votes became equal the decision supported by the chairman will be G.A Decision.

Article: 16. Powers and Duties of Board of Directors

Board of Directors is responsible to the General Assembly It will have the following powers and duties.

  1. Appoint and dismiss the General Manager.

  2. Control and supervise that the G.M is implementing G.A Plans and Decisions.

  3. Accept and forward to G.A, with its comments when necessary, to drafts or amendments of the Association’s policy ideas that arise from the management of the Association.

  4. Ensure enough financial and material resources necessary to implement the Association’s programs and design ways to secure Aid.

  5. Open branch offices on necessary areas through G.A decisions.

  6. Investigate achievement reports and present to G.A with its own comments.

  7. Issue procedures of Recruitment and administration employees.

  8. Analyze the Association’s short, medium and long term plans and budget. And present to G.A for decisions.

  9. Issue Procedures and regulations to Management.

  10. Make decisions to call Extra-ordinary G.A meeting when case is encountered

Article: 17. Members of the board of directors

    1. The boards of directors will have 7 members.

    2. Elects the chairman and deputy chairman.

    3. The Association’s general manager serves as a secretary of the board. However, he will have no voting right.

Chairman.

  1. Chairs the meetings

  2. Present to G.A Decisions made by the board meetings

  3. Present to G.A. for endorsement Association’s policies, strategy and directives prepared by the board.

  4. Relative to the powers vested for the G.A and the board he is responsible to the G.A and the board.

  5. Closely follows up the efficiency of the Association

  6. Order the general manager to send enclosed/ ratified performance and audit report by the G. A to concerned bodies.

  7. Present all annual report except audit report to regular G.A.

Vice Chairman.

  1. Replace the chairman during his absence

  2. Will perform additional activities given to him by the chairman

Secretary

  1. He/she is responsible to the board.

  2. Prepare the board agenda in consultation with the chairman

  3. Maintain the minutes of the board meetings by writing.

  4. Maintain the board’s office and records.

Articles 18.The board of directors procedures for meeting, voting and terms of office

    1. The board will have four meetings a year. If urgent cases encountered an extra-ordinary meeting can be called.

    2. Extra-ordinary meeting can be called by the board chair man or general manager of the Association

    3. Quorum is considered fulfilled if meeting more than half of the members is present. If quorum is not full filled second call will be made. If the members do not avoid by the second call the meetings will be held.

    4. Decisions are made by majority votes. If votes become equal the decisions endorsed by the chairman will pass as resolution.

    5. The term of the office of the board members will be 4 years. However, a board member would not be elected by more than 3 times.

    6. The board members serve without salaries.

Article: 19: Structure of the management team

  1. The management team will be consisting of 2 members (general manger and deputy general manger) who have great competence in managerial and administration skills followed with other multidisciplinary team includes in the other professional sector heads.

19.1. Nomination of the general manger

The general manager can be appointed in two forms

  1. he/she can be elected within the board or outside the board and In both cases, the person should be appointed as the general manger should receive 2/3 of the total vote of the board and therefore the technical coordination of activities and personal administration is the responsibility of the management team for the organization that directly will coordinate activities at HQ level via to branch unites

  2. Appointment of the other unit head

The unit heads will be appointed by the general manger with at least ½ of board approval

  1. Regarding the staffing procedure

    1. Staff recruitment of OCA will be based according to Ethiopian labor law

    2. The association may employ a worker for an activity which requires special professional skill as necessary

    3. The association may recruit employee on a temporary basis when it encounters workload

Article: 20. Duties and Responsibilities of the general manager

  1. The general manager is accountable to the board and will have the following duties and responsibilities

  2. Responsible the Association to all bodies executes all the Association’s issues/objectives, given the representation; communicate in writing on behalf of the Association and makes agreements.

  3. Makes transactions on the Association’s bank accounts/transfers by dual signature together with the accountant;

  4. Implements G.A and board decisions;

  5. Prepare quarterly report and annual physical and financial report and submits to the board;

  6. Prepare Association’s policy, budget and action plan and submit the board;

  7. Based on the bylaws designs methods of securing funds design a system that enable to achieve the Association’s objectives;

  8. Based on the administrative procedures prepared by the board recruits and dismisses the employees decide their salaries and allowances;

  9. Prepare and submit to the board the job descriptions and assignments of employees, except that of the accountant and the cashier;

  10. Co-ordinate, supervises, control and manage the day to day activities;

  11. Makes other managerial decisions regarding the Association’s activities;

  12. If the manager is member of the Association he/she will have no voting right during the general assembly voting session to endorse his ideas and activities achieved under his responsibilities;

  13. Performs other duties assigned to him/her by the board in conformity to the bylaws of the Association and general assembly decisions;

Article 21. Power, duties and responsibility of the deputy general manger

14.1. In the absences of the general manger he substitute the general manger

14.2. He will perform all duties delegated by the general manger

14.3. He will assist the general manger in all aspects

Article 20.Duties and responsibilities of the Association’s accountant

  1. The Association’s accountant is accountable to the Association’s manager and will have the following duties and responsibilities;

  2. Controls the Association’s accounts, ensures that they are correctly recorded and kept;

  3. Control and ensure that the Association’s accounting is following the a recognized procedure;

  4. Signs the Association’s accounts and bank accounts, vouchers and financial documents together with the manager;

  5. Ensures that the Association’s accounting books and documents are safely handled;

Article 21.Duties and responsibilities of the cashier

The Cashier is accountable to the Association’s manager and will have the following duties and responsibilities

  1. Collect the Association’s income through legal receipts.

  2. Deposits money he collects in a bank. Safely handle those deposit receipts

  3. Will handle not more than 50,000 for petty cash and minor expenses

  4. Will reconcile monthly income and expenditure together with the accountant

  5. Handles the Association’s vouchers and the other financial documents

  6. Withdraws when ordered by the dual signed by the general manager and accountant

Article 23.Duties and responsibilities of the Association’s auditor

  1. The auditor is accountable to the general assembly have the following duties and responsibilities

  2. Controls the Association’s financial and property administration is correct

  3. Ensures that the Association’s activities are implemented in accordance with Association’s by law

  4. Presents annual audits report to the general assembly

Article 24.The Association’s income source

OCA is financed preliminary (basically) by its member’s .however; it will seek funds from any available sources .i.e. governmental organizations, international donors’ agencies, individual and etc .The association will prepare and submit a quarterly report for the donor and government. OCA funds must be audited by an external auditor annually and the Association’s income sources can be classified in

  1. Membership fees

  2. Money or properties from aid agencies

  3. Direct fundraising activities

Article 25.Budget year / fiscal year

The Association will have an annual budget starting from 1/1 GC of each year and ending 31/12 GC of the same year, that is supervised and controlled by one of the legal accountants. The auditors should submit a report on the financial situation of the Association for the past financial year to general assembly in its yearly meeting to approve and endorse it.

Article: 26. OCA financial Account and Control strategy

  1. OCA accounts shall always be opened at commercial bank of Ethiopia at any area of operation including the head quarter

  2. Cash more than US$1,500 shall not be kept in office cash box

  3. All payments more than US $ 500 shall have minimum two co-signatories among either two or three persons

  4. All cash payments more than US $ 1,500 should be paid in check

  5. The bank book shall be opened in the name of the association and shall be operated by authorized signatories from the management and other associational staffs

  6. Any fund received from different sources shall be deposited in the bank or to be transferred through bank account

Article 27: Amending the bylaws

These bylaws can be amended by ¾ vote of the general assembly

Article 28: Dissolution of the Association

  1. Where a resolutions for its dissolution by ¾ members of the general assembly

  2. When the Association is unable to achieve its objectives of establishment

  3. During dissolution the properties of the Association will be to another NGO or to the Government

Article 29: The effective date of the bylaw

These by-laws shall be valid and effective, when approved by the responsible government bodies and the board of directors as well as registered from the regional justice bureau. Its effectiveness starts from the date of registration

Article 30: Founding Members as a first Board

The founding members are the establishing committee as well as the first BoD of Directors in a time not more than Two years

Article 31: Address of the association

The address of the Ogaden Concern Association (OCA) shall be jijiga as the head quarter and it can be contacted directly on the following addresses, cell phone +251913477197, +251915061983 and this email address: maxamad2011 @gmail.com

Article32: Cooperation with

OCA will be having a keen collaboration with all its stock holders at National, International (NGOs) and Governmental Agencies, and all levels Regional, Zonal, Woredas as well as Kebales Administration and bureaus at large.

Article 33: General

  1. Any member of the board or other employees shall return all the properties of the Association under his/her custody upon complete of his term of office

  2. Any member of the board and other staffs shall have the duty to train and guide any new member replacing him, whenever the need arises

  3. The board of directors may establish sub-committees whenever the need arises

Article 34: Issuance of bylaws and directives

The board of directors may issue.

  1. Directives that may be necessary for the implementation of this bylaws
  2. Regulations that may be applicable in the employment, dismissals and general administration of the association employees

Article 35: Justify the acceptability of the bylaws

We the executive committee/board of directors of this association justifying by our signatures under here against our names that every article of this bylaw has been thoroughly discussed and approved by the members

Table1: Executive committee/board of directors’ members

s/n Name Profession Sex Position Signature
1 Mohamed abdale MSc In Agriculture M

Deputy general manager

2 Idriis xaaji xusseen B.A. In Economics M General manager
3 Seid bokore Dip R& F Management M Area coordinator(Ethiopia)
4 Abdiqadir Osmaan BSc In Rural development M Finance & logistics
5 Abdi Rashid B.A In Economics M Area coordinator (Europe)
6 Ahmed bashir sh/bashir BSc In Agriculture M

Public relation and local community

7 Abdi Assiss shekh B.A In Economics M Lucien office in Addis
8 Mohamed axmed biixi MSc In Education M Member
9. Abdullahi Xassan PhD. In Vet M Member

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