Equipo Nizkor - Maldivian Red Crescent Law.

Law No: 7/2009

1. Name & Introduction

(a) This Law gives the legal right to establish and function in the Maldives, an independent, voluntary aid organization, working for the cause of humanitarian purposes, by the name of Maldivian Red Crescent and describes the main policies of entity.

(b) The name of this Law is "Maldivian Red Crescent Law".

2. Legal status

(a) The Maldivian Red Crescent is a separate legal entity, with a separate seal, possessing power to sue and suit against and to make undertakings in its own capacity.

(b) The Maldivian Red Crescent is an independent, voluntary aid organization, auxiliary to the public authorities in the humanitarian field. The Maldivian Red Crescent shall function as the only National Society working in the Maldives, in cooperation with the International Federation of the Red Cross and Red Crescent. It carries out its activities as stipulated in clause 3 on the entire territory of the Maldives.

(c) For the purposes of its deeds, the Society has the power and right to carry out its functions on the entire territory of the Maldives according to the Laws of Maldives.

(d) As per this law, the Maldivian Red Crescent, while running its activities, shall work to assist and work together with other government organizations that work in humanitarian field and disasters management.

3. Objective of the Society

(a) The Primary Objective of the Maldivian Red Crescent is to provide humanitarian aid, prevent and alleviate suffering

(b) For the purpose of achieving the Primary Objective described in (3.a) the main objectives of the Maldivian Red Crescent are:

1. to provide humanitarian aid to civilian and military victims, and those suffering, at times of war, conflict and peace;

2. to protect and assist the victims including preservation of the physical integrity and dignity of the victims, at times of war, conflict and peace;

3. to contribute to the improvement of the conditions of the weak and the vulnerable; in times of ill health, in prevention of diseases, and in response to all humanitarian emergencies;

4. to provide support to Government Organizations assisting the victims and those effected by disasters and natural causes.

(c) The Maldivian Red Crescent shall treat equally and shall not discriminate anyone by nationality (country of origin), race, sex, physical or mental disability, religion, or political opinion or any such 'thinking' or financial status, class, island of origin or any such discrimination while working to achieve the objectives described in clause (a) and (b).

4. Main Policy of the work of Maldivian Red Crescent

(a) For the purpose of achieving its objectives, all works carried out by the Maldivian Red Crescent as per this Law, shall be so done, adhering to all Maldivian Laws, and in accordance with the Fundamental Principles of the Red Cross and Red Crescent Movement, and 1949 Geneva Convention, and the additional protocols of the conventions.

(b) In accordance with 4.a, the Maldivian Red Crescent shall comply with its duties and carry out the responsibilities as a component of the International Red Cross Movement and as a member of the International Federation of the Red Cross and Red Crescent Societies

5. The Statutes and the Rules of Procedures

In order to function the Maldivian Red Crescent in accordance to this Law, the Society shall have its Statutes. The Statutes shall set out the following points or relevant regulations for them,

(a) General Assembly and Governing body (steering committee) to carry out its responsibilities;

(b) The Maldivian Red Crescent's membership regulations;

(c) Regulations for the election or appointment of individuals for the posts of the Maldivian Red Crescent, how responsibilities shall be assigned to these posts, and the length of such assignments;

(d) General Assemblies of the Maldivian Red Crescent, organizing, chairing and record keeping of them;

(e) Voting, resolving and decision making procedure for the General Assemblies and other assemblies and meetings.

(f) Amendments to the Statutes.

(g) Processes of winding down, dissolution and liquidation of finances and assets of the Maldivian Red Crescent..

(h) Rules of Procedure shall have details of the above points, including its code of conduct for administrative, financial and human resource management processes of elected and appointed members, and staff.

6. Members

The membership of the Maldivian Red Crescent is open to all individuals and legal entities without any discrimination irrespective of nationality, race, sex, religious beliefs, language, class or political opinions, as prescribed in the Statutes of the Maldivian Red Crescent.

7. Finances and Assets

(a) All Financial Resources and Assets shall only be used for the purposes of the Maldivian Red Crescent and not for any other purpose. It shall never be distributed, directly or indirectly, to members as profits or bonuses,

(b) The above article [7(a)] excludes payments and incentives made to members, staff and officials in accordance with the Constitution and the Rules of Procedures, for work contributed to the Maldivian Red Crescent.

8. Use of the Seal and Emblem of the Maldivian Red Crescent.

(a) The emblem of Maldivian Red Crescent should be as stipulated in the annex.

(b) The emblem and seal shall not be used by anyone other than the Maldivian Red Crescent or those approved by the Society.

(c) The relevant courts of the Maldives has the right to order a maximum fine of 12,000/-(Twelve thousand) Rufiya or a maximum length of 6 (six) month's imprisonment for those who breach (b) of this clause.

9. Communicating with government

(a) All communication between government and the Maldivian Red Crescent shall be conducted through a ministry assigned by the President.

(b) All government authorities should respect and assist in all possible magnitude, to the activities carried out by the Maldivian Red Crescent as per clause (4) and respect the adherence by the Maldivian Red Crescent to the Fundamental Principles of the Red Cross and Red Crescent Society

10. Authorized and responsible entity for the managing and controlling of the formation process of the Maldivian Red Crescent

(a) Within 6 (six) months from the date publishing of this Law in the government Gazette, the Maldivian Red Crescent shall be formed according to this Law and Statutes of Maldivian Red Crescent.

(b) The formation of the Maldivian Red Crescent, as described in (a) of this clause, shall be carried out, managed and controlled by the Interim Planning Group. Once done the Interim Planning Group will cease to exist.

11. Management and Regulation

(a) To manage the Maldivian Red Crescent in accordance with this Law, the Constitution and the Rules of Procedure shall be prepared and regulated by the Maldivian Red Crescent.

(b) Clause 11 (a) does not restrict the Interim Planning Group from formulating the necessary rules and regulations and apply them, in order to complete the Formation Process within the time frame prescribed in Clause 10 (a) .

12. Effect of Law

This Law shall come into force the day it is passed, ratified and published in Government Gazette.

13. Meanings of terms and phrases

(a) Unless otherwise stated in this Law:

""Territory of the Maldives"." means the entire territory described in the Constitution of Maldives as the territory of the Republic of Maldives.

As stated, "Interim Planning Group" comprising representatives from the Maldivian government, the Maldivian public and the International Federation of Red Cross Red Crescent Societies, the Interim Planning Group was established in 2006 with the overall purpose of organizing the process of having the Maldivian Red Crescent formed

(b) Unless otherwise stated in this Law, words denoted in the singular tense include the plural tense and vice versa.

Annex

The emblem of the Maldivian Red Crescent is a Red Crescent that is open to the right-hand side on a white background. The seal is a red crescent on a white background within two circular bands in black. Between these two circles on the top shall be written "Maldivian Red Crescent" and at the bottom

Notes: Unofficial translation. By way of: International Committe of the Red Cross.

Legislation
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