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THE NATIONAL COMMITTEE HAS SET UP, THE COLLEGE OF FOUNDERS HAS APPROVED THE FOLLOWING TEXT OF THE INTERNAL REGULATION
CHAPTER 1 : GENERAL PROVISIONS
Unique section: The name - The objectives and the main office.
Article 1: No one may modify or use the name of the Party "Union for Democracy and Social Progress" without preliminary mandate for whatever purpose.
Article 2: No one, beside the congress, the college of founders, is authorised to modify the objectives appointed by the Party.
Article 3: Excepted the organs mentioned in article 3 of the statutes, no one has the right to move the main office of the Party.
CHAPTER 2 : MEMBERS
Article 4: Nobody has the right, unless explicit limitations of the law, the morality and the public order, to institute whatever discriminations for the membership to the Party.
Article 5: The capacity as a member is stated by the registration in the Party register and/or by the possession of a lawful membership card.
Article 6 : It is set up four types of membership cards which are:
- The membership card of resistant pioneers ;
- The membership card of honour ;
- The membership card of support ;
- The common membership card ;
The possession of one of these cards is compulsory.
Article 7: The card is acquired in return of the payment of the price decided by the Political Direction of the Party.
The obtaining of the membership card of honour requires the sponsorship of the Party by at least two ancient honorary members or by a member of the Political Direction.
Section 1 : Obligations as a member
Article 8: Any member of the UDPS has the obligation to participate in the activities of the Party and to pay his individual and monthly contributions.
Section 2 : Loss of the capacity as a member
Article 9 : The capacity as a member is lost by:
- death ;
- membership to an other Party ;
- resignation ;
- downfall or exclusion.
Article 10 :
- Any one having permanently lost the capacity as a member may no longer avail of it for fear of judicial prosecution;
-Any one permanently excluded can introduce appeal for rehabilitation that will be examined conforming to the provisions of chapter IX of the present regulation.
CHAPTER III : MODE OF DESIGNATION OF PERSONS APPEALED TO MANAGE THE PARTY
Section 1 : The principle
Article 11: The election is the only way by which one accedes to a position within the party. Nevertheless, in case of stated vacancy and until the organization of the ballot, it is recognized to the College of Founders of the Party, the latitude to commit, temporarily, some members to the unoccupied functions.
Section 2 : Profile of candidates
Article 2 : Any candidate for a position within the Party has to meet following conditions :
- be a holder of a diploma of a level allowing to assume the functions which are postulated or give evidence of an experience of at least five years in a domain.
- have a reliable domicile or residence ;
- enjoy a good morality ;
- enjoy of all his mental faculties;
- be competent and honourable;
- to be dynamic and good worker ;
- have a spirit of initiative and creativity;
- be a leader and credible ;
- be at least 25 years old;
- to participate actively to the Party’s struggle;
- to be straight with the contributions and other Party’s activities ;
- respect the Statutes, the internal Regulation, the Party’s circulars and other instructions.
- to be able to interpret these instruments ;
- be a good communicator ;
Article 13: The deposit of candidature can be made in writing or immediately.
Article 14: It is up to the Party to eliminate the candidate who it estimates is not able to assume the functions he applies for.
CHAPTER IV : PROGRESS OF the VOTE
Article 15: The principle is that of one vote, one voice.
Article 16: The vote is direct and performed in the secret ballot.
With the consent of the assembly, it can be proceeded by hand lift.
Article 17: The absolute majority of the votes expressed in the 1st tour is required to be declared elected. In case of ballot, it is proceeded to a second tour in which will participate only both best classified candidates in the 1st tour.
In case of equality, it will be proceeded to the drawing lots.
Article 18: The count and the proclamation of the results take place immediately and publicly after the voting.
Article 19: The results of the voting are recorded in a report which is straightaway signed by the members of the Bureau of examination established for the occasion.
Article 20: Every candidate who considers that the ballot is soiled by irregularities and who feels wronged, has the right to introduce the appeal within eight days.
Article 21: This appeal is introduced in the 1st degree by the organ of the echelon immediately preceding, with a missive letter which copy will be reserved for the polling bureau having validated the results.
In the 2nd degree, it is introduced by the organ of the echelon preceding the one which ruled in the 1st competence on this appeal.
In the last resort, the appeal is sent to the National Committee for the last decision.
The period of the appeal is 15 days in the second degree, and 30 days in the third degree.
Article 22: The organ seized with the appeal rules in 8 days in the 1st degree, 15 days in the second degree and 30 days in the last degree.
CHAPTER V : MANDATE AND ITS END
Article 23: The duration of the mandate of the persons in charge of the management of the structures of the Party is determined by statutes.
Article 24: No mandate can be extended without election.
In case of impossibility to organize the elections, the organ at the immediately preceding echelon provisionally appoints the candidate proposed by the committee where the vacancy is declared.
Article 25: Without prejudice to provisions of articles 18, 19 and 45 of the statutes, no one can be authorized to assume more than one function within the Party.
Article 26: Any mandate comes to an end by the arrival of the term and by the conditions provided by article 9 of the present internal regulation.
CHAPTER VI : HIERARCHY OF THE ORGANS
Unique section : Dependence
Article 27: The order of hierarchical dependence of the organs is determined by the statutes. It is according to the same order that the rules for precedence in the Party should be defined.
Article 28: The respect of the hierarchical dependence should be rigorous in the transmission of reports of activities and various correspondences as well as for human contacts.
Article 29: When an important problem arises at a certain level of the hierarchy of the Party, the organ which is seized with it and which inquires the immediately preceding echelon should send copies of its correspondence to the higher levels to the latter.
Article 30: The attribution of each organ being fixed by statutes, no member can create conflict of competence by encroaching on that of another organ.
CHAPTER VII : FUNCTIONING AND ORGANIZATION OF THE ORGANS OF THE PARTY
Section 1 : Office and Preservation of records
Article 31: Any organ of the Party is bent on having a permanent office in which should be preserved the archives and documents of the Party.
Article 32: It is made obligation for any organ to hold minute-books and usually required administrative documents.
Article 33: The permanent presence of official agents to the office is recommended during the normal hours of work to insure the daily management.
Section 2 : The holding of the meetings
Article 34: The meetings of the central organs are foreseen by statutes whereas those of the other organs are fixed by the statutory acts.
The calendar of the regulatory and statutory meetings should be strictly respected.
Article 35: The organs of the Party hold common or extraordinary meetings. The common meetings are those which are convened according to the statutory or regulatory provisions whereas the extraordinary meetings are those which take place by exceptional circumstances.
Article 36 : Are authorized to convene the meetings, the President or the person who replaces him in case of absence or hindrance, the 1/3 of the members for the common or extraordinary meetings
Article 37: Organs sit in plenary meeting or in commissions.
Section 3 : The plenary Assembly
Article 38: The Plenary meeting gathers all the members composing a given organ.
Article 39: It is sovereign in the sense that its decisions impose themselves upon all the members.
Article 40:
- To sit and rule validly on the important matters, the Assembly should gather the 50% of the members.
- If the quorum is not reached, the meeting is put back at a later date. On this date which will be advised to the members by a communiqué, the Assembly sits validly even if the quorum is not reached, if there are at least 1/3 of the members present.
- When the motion is put by an executive organ, its members do not participate in the vote.
Article 41: A majority of 2/3 for any decision are required concerning the important matters whereas for the common questions, the decision is taken in the absolute majority of the present members.
Article 42 : By important questions, one must understand :
- The modification of statutes or internal regulation.
- The election of the president at any level. For this case, the two thirds majority is required only in the two first runs; the simple majority will do in the third run.
- The dismissal of the President of a deliberative organ;
- The exclusion of a member of the political Direction (deliberative or executive organ at any the level);
- The merging with another Party;
- The membership in a platform;
- Any big question of national or international interest.
Article 43: The sessions are chaired by the President or the person, who replaces him in case of hindrance or absence, or for want of these latter, by the eldest person.
Article 44: The project of the agenda is elaborated by the office and subjected to the plenary approval.
Article 45: The president insures the police of the debates. Nobody can speak without having asked and obtained the floor.
The word should be granted to every member who asks for it by motion of order aiming at restoring the order in the discussions.
Article 46: All the decisions are taken in plenary session.
They are recorded in the report which is signed by
the President and the secretary of the session.
Section 4 : The commissions
Article 47: The members can meet in permanent commission or ad hoc to discuss specific subjects.
Article 48: The conclusions are transmitted for approval to the office or to the plenary, as the case may be.
Article 49: The approved conclusions become
opposable decisions to all.
Section 5 : THE COMMISSION Of ACTIVITY EVALUATION DUE PARTY
Article 50: To allow the Political Direction of the Union for Democracy and Social Progress (UDPS) to make sure of the good functioning of the activities of the Party on the whole national territory by a better application of the instructions and the procedures in force within the party, an Evaluation Commission of the activities of the Party is created; abbreviated " C.E ".
Article 51: The commission has for permanent mission the examination of the good functioning of the activities of the Party, notably by a better application of the instructions and the procedures and by a good circulation of the information.
- The commission has quality to lead any action of specific or punctual evaluation in any domain of activities of the UDPS.
- Within the framework of each of its missions, the Evaluation Commission identifies the abnormalities of functioning with the concerned entities and emits proposals for remedying these dysfunctions.
- The Evaluation Commission emits the opinions on the sensitive domains of the Party.
- To achieve its missions, the Evaluation Commission should be able to have at its disposal any information held by any “Party’s Body” within the framework of the mandate entrusted to it.
- The Evaluation Commission controls the execution of the decisions taken by the Direction of the Party following a mission of evaluation led by the Evaluation Commission.
Article 52: The Evaluation Commission depends hierarchically on the National Directorate.
Article 53: the Evaluation Commission of has functional connections with:
- Members of the National Secretariat of the Party for the examination and the control, upon their request or not, of any information about the activities of the Party.
- Federations, Sub-Federations, Sections, Sub Sections, Cells and Sub Cells, within the framework of the mandate which is entrusted to it by the National Directorate of the Party.
Article 54: The Evaluation Commission of the activities of the Party is structured as follows:
At the National level
- Inspector General;
- Deputy inspector General;
- As many national Inspectors as the number of Sub-Federations
- As many deputy federal Inspectors as the number of sub-federations.
At the regional level
a) The Federal Evaluation Commission is composed of:
- Chief Federal Inspector.
- Deputy Chief Federal Inspector.
- As many Federal Inspectors as there are sub-federations.
- As many deputy federal Inspectors as there are sub-federations.
b) The Federal Evaluation Commission consists of:
- Sub-Federal Chief Inspector
- Sub-Federal Deputy chief Inspector
- As many Chief Sub-Federal Inspectors as there are Sections.
- As many Sub- Federal Deputy Chief Inspectors as there are Sections.
c) The Sub-Federal Evaluation Commission is composed of:
- Section Chief Inspector
- Section Deputy Chief Inspector
- As many Section Inspectors and Deputy Inspectors as there are Sub Sections in the Rural Zone or Cells in the Urban Zone.
Section 6 : The assistance to the meetings and the secrecy of the deliberation
Article 55: it is recommended to the members to attend the meetings. Four consecutive and unjustified absences in the meetings of the same organ involve penalties foreseen by the present regulation.
Article 56: Every member is bent on keeping the secrecy of the resolutions on pain of disciplinary penalties foreseen in article 63 of the present regulation.
CHAPTER VIII : CONTRIBUTIONS
Article 57: Article 8 of the statutes of the Party makes obligation to every member to discharge one’s contribution.
Article 58: The rate of the compulsory contribution is fixed by the National Committee on proposal of the National Secretariat according to the categories of members foreseen in article 7 of the statutes.
Article 59: The payment of the monthly contribution is stated by issue of a receipt the model of which is expressly decided by the competent service.
Article 60: Any contribution constitutes a vested interest to the Party and can be by no means the object of a refund.
Article 61: The non-payment of the compulsory contribution during 3 months entails the suspension of the enjoyment of the rights attached to the membership.
CHAPTER IX : THEDISCIPLINARY REGIME
Section 1 : Negligence
Article 62 : The following facts are considered as disciplinary negligence:
1. Any behaviour against the ideal of the Party.
2. The disclosure of the secrets of deliberation or the indiscretion.
3. Repeated and unjustified absences in the meetings of the Party.
4. The disregard of the calendars of the statutory meetings.
5. The refusal to execute assigned tasks.
6. The disregard of the hierarchy and the instructions of the Party.
7. The characterized negligence.
8. The insults, the assaults, the characterised discourteousness to other members.
9. The embezzlement or the diversion of capital or other possessions of the Party.
10. Denunciations and slanderous imputations.
11. The notorious incompetence.
12. The incitement of the members in the tribal, regional or racial hatred.
13. The political wandering.
14. Quite other behaviour carrying or being able to strike a blow at the good functioning or at the honour of the Party.
Article 63: according to the gravity of the committed negligence, the applicable penalties to be imposed are:
- the warning;
- the disapproval;
- the suspension for a duration not exceeding three months;
- the loss of the mandate;
- the exclusion.
Section 2: The disciplinary procedure
Article 64: The disciplinary power is exercised at every level by the committee to which the member incriminated belongs.
Article 65: The competent organ is seized in writing or verbally by every interested person.
Article 66: The Office of the Direction of the Party or the committee on which depends the member incriminated entrusts the discipline committee foreseen in article 67 with the instruction of this case.
The committee sits immediately.
Article 67 :
- The members of the national Disciplinary commission are designated by the College of the Founders at the rate of one member per Federation.
- In the lower levels the disciplinary commission consists of five members designated by their respective committees.
- The commission elects, among its members, a President, a Vice-president and a Reporter.
- It meets every time it is seized, on summons of its President or, in case of hindrance of this latter, by the Vice-president.
- The Office of the Political Direction of the Party or that of the Committee of the jurisdiction can also convene the Commission without sitting in it.
- The Commission hears all the interested parties and possibly witnesses and makes to the competent organ proposals of the decision to be taken.
- Article 24 of the statutes is applicable to the members of the Disciplinary commission.
Article 68: If the object of the inquiry requires a professional skill, the competent organ can resort in the service of an expert. This right is also recognized by the Disciplinary commission.
Article 69: Considering the gravity of the facts, the organ can take conservation measures of suspension the duration of which cannot exceed one month. The Commission sends the report to the competent organ to allow it ruling on the facts.
Article 70:
- The penalty is pronounced by the competent organ which, at the same time, is entrusted with the follow-up of its complete execution.
- If the penalty to be taken is the downfall, the competent organ to pronounce it is:
1. The congress, and until its holding, the College of Founders for its own members, for those of the National Committee and for those of the National Secretariat.
2. The various local assemblies for their members and the Committees which they elected.
- If the penalty is the exclusion from the Party, the competent organ to pronounce it is:
1. The congress, and until its holding, the College of Founders for its own members, for those of the National Committee and those of the Federal assemblies and committees.
2. The Federal Committees for all the other members of their jurisdiction.
- By the reception of the report of the Commission, the competent organ rules within 15 days.
Article 71: Whatever is the gravity of the indictments, no disciplinary punishment can be taken against a member if he has not presented his means of defence, except the case of evident refusal to answer the invitation. The delay to answer the invitation is 15 days from the date of reception. The number of invitations cannot exceed two.
Article 72: Any disciplinary measure must be notified in writing with acknowledgement of receipt by the member found faulty.
Article 73: whoever considers himself prejudiced by a decision taken at his expense, has the right to introduce the appeal against the aforementioned decision.
He has for that purpose three sorts of appeal:
1) The graceful appeal which he can submit to the organ having made the decision and which examines it forthwith.
2) This appeal is acceptable only if it is submitted within eight days from the announcement of the decision.
3) The hierarchical recourse is to be submitted to the hierarchically superior organ. For the members of the Federal Committee, this organ is the National Secretariat. The delay of this appeal is a fortnight.
4) The appeal of trusteeship can be sent to the Federal Committee by the members of all the levels lower than the Sub-Federation. The members of the National Secretariat do not participate in the meetings of the National Committee when this one examines an appeal of trusteeship. The period of appeal of trusteeship is thirty days. For the respect of the various aforementioned delays, the acknowledgement of receipt or the postmark is valid.
CHAPTER X : FINAL PROVISIONS
Article 74: All the members of the Party make a commitment to scrupulously and fully respect the present internal regulation. They also make a commitment to strictly apply it and to insure its wide spreading.
Article 75: The present regulation governs, with no exception, all the structures of the Party.
Article 76: According to the provisions of articles 13, 20 and 59 of the statutes, any modification of the present internal regulation can only be adopted by the Congress or, until its holding, by the College of Founders seized for that purpose by the National Committee.
Article 77: The informal structures are registered by the Department of the Organization and allocated by the National Secretariat to the appropriate department.
Article 78: In case of conflict concerning the interpretation of the statutory provisions or those of the present regulation, or more concerning a situation not clearly expressed in these two texts, the College of Founders is competent to rule on this dispute, according to article 16 of the statutes.
Article 79: The present internal regulation comes into effect on the date of its approval by the College of Founders according to articles 13 and 59 of the statutes of the Party.
Made in Kinshasa, December 21st, 1993
FOR THE COLLEGE OF THE FOUNDERS
THE NATIONAL DIRECTORATE
Etienne TSHISEKEDI WA MULUMBA
Frederic KIBASSA MALIBA
Vincent M'BWANKIEM NIAROLIEM
The Editors are grateful to Mr Raphaël Kashala, member of the Representation of the UDPS/BELUX for having translated in English and typed the whole document.
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