CHARTER

OF

THE FEDERATION OF METIS NATIONS
IN THE AMERICAS
















Adopted via Electronic Teleconference

between

Springfield, MA USA

and

Winston-Salem, NC USA


On

June 30, 2001






CHARTER OF
THE FEDERATION OF METIS NATIONS
IN THE AMERICAS



PREAMBLE


WE, THE METIS PEOPLES, HEREBY DECLARE THAT:

The Creator placed us on Mother Earth as an indigenous People, mutually descended from the original aboriginal Peoples of the Americas and immigrants from many other lands, charging us to serve as stewards of the land that provides for all of our needs.

The Creator blended the very best that all of our ancestors had to offer and gifted us with our unique cultural heritage, our traditional spiritual beliefs, and our languages that helped to bridge a continent together.

The Creator gave us laws upon which we base all of our relationships; they define our inherent rights, duties, responsibilities and obligations; they proclaim that the highest law is to live in harmony with nature and each other.

Our Creator-given inherent rights and governmental power of self-determination exist collectively and individually, and as such are recognized and protected by the international community under international treaties and law and cannot be altered or taken away by any other nation.

IN SUPPORT OF THESE DECLARATIONS, WE ARE DETERMINED TO:

Honor Creator’s gift of life by continuing to exercise our rights and freedoms as an indigenous People and to fulfill the duties, responsibilities and obligations given to us in sacred trust by the Creator for the stewardship of the land upon which we were placed and all of nature, for ourselves and all mankind.

Honor Creator’s sacred spiritual and cultural gifts by ensuring our unique indigenous Metis heritage continues to exist to protect our succeeding generations from assimilation and by improving the standard and quality of life of all Metis.

Honor Creator’s sacred laws by reaffirming our faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of all men and women young and old and of all indigenous Peoples and nations large and small.

Honor our Creator-given inherent rights by ensuring respect is maintained for all international treaty and law obligations to indigenous Peoples, and by seeking justice when those obligations are ignored or violated.

TO ACCOMPLISH THESE ENDS, WE AGREE:

To respect our diversity;

To practice tolerance and work together as good neighbors;

To unite our strength to maintain our security; and,

To employ national and international machinery for the political, economic and social promotion and advancement of all indigenous Metis Peoples;

HAVING RESOLVED TO COMBINE OUR EFFORTS TO ACCOMPLISH OUR COMMON AIMS:

In honor of our ancestors who have gone before us, we, the representatives of our respective nations, do hereby agree to the present Charter and do hereby establish and decree that the Federation of Metis Nations in the Americas shall exist as an umbrella group within the international community of nations to represent indigenous Metis Peoples from throughout the Americas; and, as an inherent right granted by Creator and as recognized and protected under international law, we further declare the Federation to be of sovereign character and stature.





CHAPTER 1
THE FEDERATION OF METIS NATIONS IN THE AMERICAS


ARTICLE I
IDEALS

Diplomatic and political relations between Members of the Federation of Metis Nations in the Americas, hereafter referred to as the Federation, in all forums of the Federation shall be guided by the following ideals:

1. By virtue of their rich heritage, historical experience and contemporary circumstances, the Members of the Federation possess common interests and aspirations to exercise their political will in common and to develop a collective struggle or cause based upon the North American Aboriginal values of trust, confidence and toleration.

2. By virtue of the recognition and affirmation of their mutual freedom and inherent right to self-determination, the Members of the Federation possess the knowledge and political will to respect the sovereignty of each indigenous nation.

3. By virtue of the recognition and respect for their mutual sovereign equality, the Members of the Federation can establish collective political relations based upon respect for diversity.

4. By virtue of their mutual belief in justice, the Members of the Federation can establish collective political relations that will not render a single Member of the Federation to suffer or benefit as a direct result of privilege, favoritism, preferential treatment or the abuse of power.

ARTICLE 2
PRINCIPLES

The Federation, in the pursuit of the ideals stated in Article 1, shall subscribe to and maintain these Principles:

1. The Members of the Federation involved in diplomatic and political relations recognize that collective political power and action is a practical imperative for the preservation and integrity of the right to self-determination of each Member.

2. In order to achieve political solidarity, all diplomatic and political relations between the Members of the Federation shall be characterized by the principles of coexistence and diversity.

3. The purpose, authority, responsibilities and jurisdiction of the Federation shall be derivative in nature and scope. All actions or initiatives in excess of the delegation from the Members of the Federation shall be null and void and of no force or effect.

4. All delegated power, mandates or responsibility derive from the sovereignty of the Federation; and the persons or institutions entrusted to exercise such delegation have a sacred trust and duty to comply strictly with the nature and quality of the delegation in the performance of that delegation.

5. The Federation shall remain at all times an instrument to advance the aspirations of the Members of the Federation and shall not become greater in strength, power, resources or jurisdiction than the individual Members for which it was established to serve.

6. Any decision or direction on a subject matter of a fundamental nature that may affect the jurisdiction, rights and survival of any or all of the Members of the Federation may be undertaken as an international matter provided the Membership of the Federation has reached a consensus to grant such delegated power, mandate or responsibility to the General Assembly. When all efforts at achieving a consensus have been exhausted without success, a positive vote of 60% of the Membership of the Federation shall be sufficient for the General Assembly to undertake any subject matter as an international matter.

7. The resources allocated to the Secretariat of the Federation shall be distributed and utilized for the greater benefit of all Members of the Federation in efforts that are truly, in form and substance, international in scope and for which consensus has been achieved by the Members of the Federation.

ARTICLE 3
ROLES AND FUNCTIONS

The roles and functions of the Federation:

1. To be an international delegated forum for determining and harmonizing effective collective and co-operative measures on any subject matters that the Membership of the Federation delegates for review, study, response or action.

2. To be an international delegated forum of the Members of the Federation, which, by virtue of their sovereignty, are the sole legitimate source for what the Federation is, does or may become in the future.

3. To be an international delegated forum for the purpose of advancing the aspirations of the Members of the Federation and to remain subordinate in strength, power and resources to the jurisdiction of the Members of the Federation for whom it is established to serve.

4. To perform and adhere strictly, as a sacred trust and duty, to the nature, scope and extent of the delegation granted from time to time by the Membership of the Federation.

5. To seek, utilize and distribute resources for the greater benefit of all the Members of the Federation in endeavors that are truly in form and substance international in nature and scope and for which delegation has been granted by the Membership of the Federation.

ARTICLE 4
MEMBERSHIP

1. For the purposes of Membership, the following definitions have been established:

  1. Metis is hereby defined as:
    1. An indigenous people whose genetic heritage includes a mixture of aboriginal and non-aboriginal bloodlines;
    2. An indigenous people whose individual family's oral and/or written history and traditions affirm and embrace the traditional cultural or social ethos, mores, and practices of the Metis Peoples; and,
    3. An indigenous people whose members individually consider themselves to be Metis and who are accepted as such by the culture and society of the Metis Peoples.
    4. The Metis include the Mestizo, Melungeon, Bemdineek, and other linguistic variations of the term Metis or people who meet the description of the concepts inherent in this definition.
  2. Metis Nation is hereby defined as a formally constituted government representing a collective of Metis individuals that has been organized in accordance with international law and who have not abrogated their sovereignty or independence.
    1. Abrogated their sovereignty or independence is defined as:
      1. existing as an organization or entity that is under the administrative or statutory control of an external political entity; and/or,
      2. establishing and/or possessing a subordinate organization or entity that is under the administrative or statutory control of an external political entity.
    2. Organizations or entities that are under the administrative or statutory control of an external political entity include, but are not limited to, for-profit or not-for-profit corporations, partnerships, proprietorships, associations, etc.
    3. Political entities include, but are not limited to, federal, state, provincial, Metis, tribal, or local governments.
  3. the territorial area of the Federation is hereby defined as the North and South American Continents.

2. The Original Members of the Federation shall be those Metis Nations that sign and ratify the present Charter in accordance with Article 36 of the present Charter.

3. Membership in the Federation shall be open, but not limited, to all Metis Nations that agree with the ideals, principles, roles and functions embodied in the present Charter; and who accept, and in the judgment of the organization are able and willing to carry out, the obligations contained in the present Charter.

  1. The admission of any such applicant to Membership in the Federation will be effected by a decision of the Federation Council, upon the recommendation of a sponsoring Member. Said decision may be taken up by the General Assembly.

4. The classes of Membership of the Federation of Metis Nations in the Americas shall consist of:

  1. National Members who shall consist of Metis Nations located within the territorial area of the Federation; and,
  2. Affiliate National Members who shall consist of Metis Nations located outside of the territorial area of the Federation.

5. No differentiation shall be made between Members of the different classes with respect to the rights, privileges, duties, or obligations of Membership in the Federation; but rather, is used for planning purposes in defining the roles, functions, expectations, and responsibilities associated with their individual participation.

6. A Member of the Federation against which the Federation Council has taken preventive or enforcement action may be suspended from the exercise of the rights and privileges of Membership by the General Assembly upon the recommendation of the Federation Council. The Federation Council may restore the exercise of these rights and privileges.

7. A Member of the Federation which has persistently violated the Principles contained in the present Charter may be expelled from the Federation by the General Assembly upon the recommendation of the Federation Council.

ARTICLE 5
ORGANS

1. There are established as principal organs of the Federation:

  1. The General Assembly
  2. The Federation Council
  3. Office of the Secretary General
    1. The Secretariat
  4. The Council of Elders
  5. The Women’s Council

2. The General Assembly may, from time to time, establish such subsidiary organs as may be found necessary.





CHAPTER 2
THE GENERAL ASSEMBLY


ARTICLE 6
COMPOSITION:

1. The General Assembly shall consist of the Secretary General, who shall serve as the primary presiding officer, and all representatives of those Members who exercise their right to be Members of the Federation.

  1. The Secretary General shall preside over the opening and closing sessions of the General Assembly and during such sessions in which a vote shall be taken.
  2. The Chairperson of the Council of Elder's, or in their absence, the Chairperson of the Women's Council, shall preside over the General Assembly in the absence of the Secretary General.
  3. Each General Assembly, as one of its first acts, shall elect a President from among the assembled Heads of Delegation who shall preside over discussion sessions of the General Assembly.

2. Each National and Affiliate National Member of the Federation shall have three (3) representatives in the General Assembly.

  1. The Delegation of each National and Affiliate National Member of the Federation to the General Assembly shall be composed of the Chief Executive Officer (CEO) of that Member and two (2) designated representatives who have been officially accredited in writing by the governing body of that Member. The CEO of that Member shall serve as Head of Delegation for that Member.
  2. All references in this Charter to a Head of Delegation shall be in reference to the position of the CEO of a Member, not to a specific individual.
  3. In the absence of a CEO, the governing body of a Member may officially designate and accredit in writing, a third representative who shall serve as the Head of Delegation to and who may participate in the General Assembly.

ARTICLE 7
FUNCTIONS AND POWERS

1. The General Assembly is a forum for the Federation to conduct Member-to-Member consultations and deliberations and to collaborate on any matter within the jurisdiction of the Federation.

2. The General Assembly shall have the power:

  1. To discuss any matter related to the conduct or operations of any organ of the Federation and to make binding decisions regarding such matters.
  2. To make decisions on any subject matter that Members of the Federation desire to initiate or undertake co-operatively and collectively through the General Assembly.
  3. To delegate authority, mandates, tasks, responsibilities or duties to the Members of the Federation whenever such delegation is deemed necessary by the General Assembly.
  4. To ensure that the positions and directions given by the Federation Council, under authority delegated to the Federation Council by the General Assembly, are implemented and to take disciplinary measures whenever the sacred trust and duty to perform and adhere to in strict compliance with the delegation is deliberately breached.
  5. To instruct the Federation Council to proceed with a ratification process of its decisions regarding any subject matter of a fundamental nature that may affect the jurisdiction, rights and survival of the Federation.
  6. To ensure that the ideals enumerated in Article 1 and the principles enumerated in Article 2 are maintained and put into practice in relation to the roles and functions enumerated in Article 3.
  7. To be, in general, the sole legitimate, inherent expression of what the Federation is, what it can do, and what it may become in the future.

ARTICLE 8
ASSEMBLIES

1. The Annual Assembly shall meet in regular annual sessions in the months of June or July and in such special sessions as occasion may require. The Secretary General may convene special sessions at the request of the Federation Council.

2. An Annual or Special Assembly during which the election of a Secretary General shall occur shall be in person and shall be hosted at a site selected for this purpose.

  1. In selecting a site, consideration should be given to minimizing the travel distance and expenses of a majority of participants and to minimizing the costs anticipated to be incurred by the Federation and participants in conducting the Assembly.

3. The General Assembly may, by consensus or resolution, routinely use an alternative meeting method (which may include, but not be limited to, connection by telephonic or internet voice conferencing, telephonic or internet facsimile, internet email or chat, etc) to conduct Annual or Special Assemblies where no election for Secretary General is scheduled or anticipated.

  1. In the event that the General Assembly shall choose to conduct these Assemblies in person, the Secretary General shall make all reasonable efforts to accommodate the participation of members who are unable to do so, by providing briefings and soliciting comments and discussion using the most expedient and cost-effective alternative meeting method available.
    1. Any member unable to attend in person shall:
      1. be required to pre-arrange the method and timing of said connection(s) with the Secretary General or a person designated for this purpose; and,
      2. bear the cost of initiating said connection(s), unless the General Assembly shall have previously passed a resolution explicitedly authorizing the Secretary General to incur the expense on behalf of the Federation, and the Federation possesses the funds in which to do so. In general, first priority shall be to provide funding for Affiliate National Members, second priority shall be for National Members located in South America, and lastly for National Members in North America. Within each priority level, those members located at the greatest distance from the meeting location shall be given higher precedence.

ARTICLE 9
DECISION MAKING

1. Decisions of the General Assembly shall be made as far as possible by consensus or general agreement. When all efforts at achieving a consensus have been exhausted without success, a positive vote of 60% of the Delegates to the General Assembly in attendance shall be sufficient to constitute a decision.

2. In the event of voting, the Head of Delegation and representatives of all Members shall each have one vote that may be exercised by proxy. The presiding officer shall only cast a ballot in the event of a tie.

ARTICLE 10
PROCEDURE

1. The General Assembly shall adopt its own Rules of Procedure.





CHAPTER 3
THE FEDERATION COUNCIL


ARTICLE 11

COMPOSITION

1. The Federation Council shall consist of the Secretary General, who shall serve as the presiding officer; the Heads of Delegation of each Member of the Federation; and the Chairpersons of the Council of Elders and the Women’s Council.

2. Secretary General shall be elected in accordance with Article 19 and Annex "A" of the present Charter.

3. The governing body of a Member may officially designate and accredit in writing a representative, who shall serve in the place of that Member’s Head of Delegation for the purposes of participating and voting in meetings of the Federation Council.

4. The Council of Elders and/or the Women’s Council may officially designate and accredit in writing a representative, who shall serve in the place of that Council’s Chairperson for the purposes of participating and voting in meetings of the Federation Council

ARTICLE 12
FUNCTIONS AND POWERS

1. The Federation Council shall function as a unit and any decisions or actions by any individual Member of the Federation Council shall be null and void and of no force or effect.

2. The Federation Council shall make representations on behalf of the Federation consistent with properly delegated mandates.

3. The Federation Council exists and functions as the governing body between Annual Assemblies of the General Assembly with authority:

  1. To review and enforce decisions and directions of the General Assembly.
    1. To develop short-term and long-term plans and establish priorities consistent with the directions and decisions of the General Assembly.
    2. To interpret resolutions, decisions and directions of the General Assembly in cases where ambiguity or conflict arises in the interpretation of resolutions and decisions.
    3. In implementing the decisions of the General Assembly, the Federation Council shall comply in all cases with the true spirit and intent of any and all delegations as may be granted from time to time.
  2. To approve, allocate, monitor and control the fiscal resources of the Federation.
    1. In performing their duties or responsibilities, the Federation Council may establish financial portfolios and deploy other resources as deemed necessary, subject to the nature of the delegation granted by the General Assembly.
    2. The Federation Council shall in conjunction with the Head of Delegation of the hosting Member develop the budget requirements of the Annual Assembly and to obtain the approval of the budgets by the General Assembly.
    3. The Federation Council shall secure, monitor, and control the expenditure of fiscal resources for the Annual Assembly.
  3. To ensure that the Secretariat conforms to, and implements the decisions and directions of, the General Assembly.
    1. The Federation Council shall set policy for and monitor and control the internal operations of the Secretariat, select all senior officials and approve all personnel or service contracts the value of which exceeds five thousand US dollars (US$5,000).
    2. The Federation Council shall take corrective and remedial disciplinary measures in respect of any member of the Secretariat in instances of a willful breach of a General Assembly mandate.
  4. To approve or reject new applications for Membership upon due consideration of the recommendations of the sponsoring Member provided that, in cases of ambiguity or inability of the Federation Council to reach a consensus or general agreement, the final decision to accept or reject an application shall be referred to the General Assembly.
    1. Sponsoring Members shall provide the Council with their recommendation for acceptance or rejection of said application along with detailed and documented evidence that supports that recommendation.
    2. Any decision made shall be subject to review by the General Assembly at the earliest opportunity for ratification if it is the view of the General Assembly that to do so is in the best interests of the Federation.
  5. The Federation Council shall serve as a dedicated forum for Members of the Federation to conduct Member-to-Member consultations and deliberations and to collaborate on any matter within the jurisdiction of the Federation on which the Members share common or similar themes, perspectives, or goals.
    1. To receive, consider, make decisions and take appropriate action on any matter raised by Members of the Federation, either individually or collectively, between meetings of the General Assembly provided that the response and action undertaken is within the scope of existing delegated mandates of the General Assembly, and provided resources that may be required are available and within the budget of the organization, and further provided that the matter dealt with does not have a detrimental effect on the rights and interests of all Members of the Federation.
    2. To address any emergency in matters of a fundamental nature affecting one or more Members of the Federation, the Federation Council shall consider, first, whether that matter is of a fundamental nature; and second, whether an emergency exists before any decision or action is taken on that matter. Any decision made shall be referred to the General Assembly at the earliest opportunity for ratification.

4. The Federation Council shall ensure that quarterly written reports are submitted directly to all Members of the Federation.

5. The Federation Council shall bring to the attention of the Members and the General Assembly any matters, which, in their opinion may jeopardize the security, survival, rights, aspirations and jurisdiction of the Federation.

ARTICLE 13
ACCOUNTABILITY

1. The Federation Council shall be accountable to, shall report to and take direction from the General Assembly.

ARTICLE 14
MEETINGS

1. The Federation Council shall meet in regular quarterly sessions and in such special sessions as occasion may require. The Secretary General may convene special sessions on his (or her) own initiative, at the request of a quorum of the Federation Council, or at the request of the Federation Council.

  1. The Federation Council may, by consensus or resolution, routinely use an alternative meeting method (which may include, but not be limited to, connection by telephonic or internet voice conferencing, telephonic or internet facsimile, internet email or chat, etc) to conduct regular and special meetings.
  2. In the event that the Council shall choose to conduct meetings in person, the Secretary General shall make all reasonable efforts to accommodate the participation of members who are unable to do so, by the most expedient and cost-effective alternative meeting method available.
    1. Any member unable to attend in person shall:
      1. be required to pre-arrange the method and timing of said connection with the Secretary General or a person designated for this purpose; and,
      2. bear the cost of initiating said connection, unless the General Assembly shall have previously passed a resolution explicitedly authorizing the Secretary General to incur the expense on behalf of the Federation, and the Federation possesses the funds in which to do so. In general, first priority shall be to provide funding for Affiliate National Members, second priority shall be for National Members located in South America, and lastly for National Members in North America. Within each priority level, those members located at the greatest distance from the meeting location shall be given higher precedence.

ARTICLE 15
QUORUM

1. Fifty percent of participating representatives shall constitute a quorum for any meeting of the Federation Council.

ARTICLE 16
PROCEDURE

1. The Federation Council shall adopt its own Rules of Procedure.





CHAPTER 4
SECRETARY GENERAL


ARTICLE 17
ROLE AND FUNCTION

1. The Secretary General is a member of, and is not separate and apart from, the Federation Council. As a member of a collective leadership, they shall:

  1. Take direction from the Federation Council as a unit, and, with the Federation Council, is responsible to the General Assembly of the Federation;
  2. Preside over Federation Council and the General Assembly meetings, but shall only cast a ballot in the event of a tie;
  3. Make regular political and financial reports to their colleagues in the Federation Council and the General Assembly; and,
  4. Serve as the primary spokesperson of the Federation.

2. The Secretary General shall be responsible for the routine day-to-day operations of the Federation and shall:

  1. Develop and submit a proposed annual budget for the Federation to Federation Council for approval and the General Assembly for ratification
  2. Retain and support staff to help the Federation Council carry out their duties and obligations to the Federation. In maintaining oversight of the Secretariat, they shall:
    1. Maintain and direct the Secretariat in accordance with the directions set by the Federation Council and the General Assembly
    2. Operate the Secretariat within the budget approved each fiscal year by the General Assembly

3. The Secretary General shall bring to the attention of the Members, the Federation Council, and the General Assembly any matters, which, in their opinion may jeopardize the security, survival, rights, aspirations and jurisdiction of the Federation.

ARTICLE 18
AUTHORITY AND ACCOUNTABILITY

1. The Secretary General shall have no inherent political authority.

  1. Any authority the Secretary General may have shall derive exclusively and entirely from authority granted from time to time by the General Assembly.

2. As a leader who exercises delegated mandates, authority, responsibilities and duties, the Secretary General has a sacred political trust to comply in every respect with the direction given by the General Assembly and the Federation Council.

ARTICLE 19
ELECTION AND TERM

1. The Secretary General shall be elected by the General Assembly by a majority of 60% of the registered representatives of the Members of the Federation at an Annual Assembly or at a Special Assembly convened for the purpose of electing a Secretary General under the policies, rules and procedures contained within Annex "A" of this Charter; provided that, no person shall be elected Secretary General who is the CEO, Head of Delegation or an accredited representative of any Member nation.

2. The Secretary General shall be elected for a two-year term and is eligible for re-election, but may be removed by a majority of 60% of the registered representatives of the Members of the Federation at an Annual Assembly or at a Special Assembly convened by the Federation Council for that purpose.

  1. In the event that the Secretary General is removed from office in accordance with this paragraph, or in the event that the Secretary General dies or resigns, or is found to be medically unfit to carry on their duties and complete their term of office owing to physical or mental disability, or in the event that their term of office ends before a new election, the rest of the Federation Council shall assume their role and function until such time as other arrangements are made by the General Assembly.

3. A Secretary General who is seeking re-election, and any other candidate for the Office of Secretary General, shall maintain a strict accounting of all moneys raised for their campaign; and a preliminary disclosure of these records shall be made to the General Assembly at which they are seeking election prior to the time of the election.

4. At any General Assembly at which an election for Secretary General occurs, the Chief Electoral Officer shall review the accounts disclosed by each candidate in accordance with paragraph 3 of this Article and shall ensure that standards set for such accounts by the General Assembly are applied fairly and evenly to all candidates.





CHAPTER 5
THE SECRETARIAT


ARTICLE 20
COMPOSITION

1. The Secretariat of the Federation shall be composed of such administrative, technical and support officials and staff as the Federation may require.

ARTICLE 21
FUNCTIONS

1. The Secretariat shall function in accordance with directions by the Secretary General, but so as to ensure the implementation of the decisions of, and control by, the Federation Council, consistent with the mandates of the General Assembly.

2. The Secretariat shall provide administrative, technical and support services for the Federation.

3. The Secretariat shall receive, administer and distribute monies and transact business and engage in activities that are ancillary to, or necessary for, the realization of the decisions of the General Assembly and the Federation Council.

5. The Secretariat shall bring to the attention of the Members, the Federation Council, and the General Assembly any matters that, in their opinion, may jeopardize the security, survival, rights, aspirations and jurisdiction of the Federation.

ARTICLE 22
ACCOUNTABILITY

1. The Secretariat shall report to and take direction from the Secretary General and shall be accountable to the Federation Council and the General Assembly.





CHAPTER 6
COUNCIL OF ELDERS


ARTICLE 23
COMPOSITION

1. The Council of Elders shall consist of Metis Elders representative of the Federation (the number of members on the Council of Elders are to be determined by the Federation Council).

2. Elders shall determine the qualifications for and elect the membership on the Council of Elders and shall elect a Chairperson from their own membership.

ARTICLE 24
ROLE AND FUNCTION

1. The Council of Elders may discuss any question or any matter within the scope of the present Charter or relating to the powers and functions of any organs provided for in the present Charter and may make recommendations to the General Assembly, the Federation Council or to any subsidiary organ of the Federation on any such question or matter.

2. Any member of the Council of Elders may participate, without voting rights, in meetings of the General Assembly or of any subsidiary organ of the Federation. The Chairperson of the Council of Elders shall be a voting member and participate in meetings of the Federation Council.

3. The Council of Elders may investigate any dispute, or any situation, which might lead to friction or give rise to a dispute in order to determine whether the continuance of the dispute or situation is likely to endanger relationships between the Members of the Federation. The Council of Elders may, if all the parties to any dispute so request, make recommendations to the parties with a view to an amicable settlement of the dispute.

4. The Council of Elders has the primary responsibility for serving as the arbiters and mediators of the Federation.

5. The Council of Elders may investigate any matter or situation, which involves the rights, duties, responsibilities, obligations, culture, spiritual beliefs, languages, and/or traditions of the Metis Peoples.

6. The Council of Elders has the secondary responsibility for advising the Federation on any and all social and cultural issues regarding inherent human and civil rights of indigenous peoples protected under international law.

5. The Council of Elders shall bring to the attention of the Members, the Federation Council, and the General Assembly any matters that, in their opinion, may jeopardize the security, survival, rights, aspirations and jurisdiction of the Federation.

ARTICLE 25
ACCOUNTABILITY

1. The Council of Elders shall be accountable to, shall report to and take direction from the General Assembly.

ARTICLE 26
MEETINGS

1. The Council of Elders shall meet in regular quarterly sessions and in such special sessions as occasion may require. The Chairperson of the Council may convene special sessions on his (or her) own initiative, at the request of a quorum of the Council of Elders, or at the request of the Federation Council.

  1. The Council of Elders may, by consensus or resolution, routinely use an alternative meeting method (which may include, but not be limited to, connection by telephonic or internet voice conferencing, telephonic or internet facsimile, internet email or chat, etc) to conduct regular and special meetings.
  2. In the event that the Council shall choose to conduct meetings in person, the Chairperson of the Council shall make all reasonable efforts to accommodate the participation of members who are unable to do so, by the most expedient and cost-effective alternative meeting method available.
    1. Any member unable to attend in person shall:
      1. be required to pre-arrange the method and timing of said connection with the Chairperson of the Council or a person designated for this purpose; and,
      2. bear the cost of initiating said connection, unless the General Assembly shall have previously passed a resolution explicitedly authorizing the Chairperson of the Council to incur the expense on behalf of the Federation, and the Federation possesses the funds in which to do so. In general, first priority shall be to provide funding for Affiliate National Members, second priority shall be for National Members located in South America, and lastly for National Members in North America. Within each priority level, those members located at the greatest distance from the meeting location shall be given higher precedence.

ARTICLE 27
QUORUM

1. Fifty percent of participating representatives shall constitute a quorum for any meeting of the Council of Elders.

ARTICLE 28
PROCEDURE

1. The Council of Elders shall adopt its own Rules of Procedure.





CHAPTER 7
WOMEN’S COUNCIL


ARTICLE 29
COMPOSITION

1. The Women’s Council shall consist of women representative of the Federation of Metis Nations in the Americas (the number on the Women’s Council are to be determined by the Federation Council).

2. Women shall determine the qualifications for and elect the membership on the Women’s Council and shall elect a Chairperson from their own membership.

ARTICLE 30
ROLE AND FUNCTION

1. The Women’s Council may discuss any question or any matter within the scope of the present Charter or relating to the powers and functions of any organs provided for in the present Charter and may make recommendations to the Federation Council, the Federation Council or to any subsidiary organ of the Federation on any such question or matter.

2. Any member of the Woman’s Council may participate. without voting rights, in meetings of the General Assembly or of any subsidiary organ of the Federation. The Chairperson of the Women’s Council shall be a voting member and participate in meetings of the Federation Council.

3. The Women’s Council may investigate any matter or situation, which involves the rights, duties, responsibilities, obligations, culture, spiritual beliefs, languages, and/or traditions of the Metis Peoples.

4. The Women’s Council has the primary responsibility for advising the Federation on any and all social and cultural issues regarding the inherent human and civil rights of the family in general, and of men, women and children in specific protected under international law.

5. The Women’s Council shall bring to the attention of the Members, the Federation Council, and the General Assembly any matters that, in their opinion, may jeopardize the security, survival, rights, aspirations and jurisdiction of the Federation.

ARTICLE 31
ACCOUNTABILITY

1. The Women’s Council shall be accountable to, shall report to and take direction from the General Assembly.

ARTICLE 32
MEETINGS

1. The Women’s Council shall meet in regular quarterly sessions and in such special sessions as occasion may require. The Chairperson of the Council may convene special sessions on his (or her) own initiative, at the request of a quorum of the Women’s Council, or at the request of the Federation Council.

  1. The Women’s Council may, by consensus or resolution, routinely use an alternative meeting method (which may include, but not be limited to, connection by telephonic or internet voice conferencing, telephonic or internet facsimile, internet email or chat, etc) to conduct regular and special meetings.
  2. In the event that the Council shall choose to conduct meetings in person, the Chairperson of the Council shall make all reasonable efforts to accommodate the participation of members who are unable to do so, by the most expedient and cost-effective alternative meeting method available.
    1. Any member unable to attend in person shall:
      1. be required to pre-arrange the method and timing of said connection with the Chairperson of the Council or a person designated for this purpose; and,
      2. bear the cost of initiating said connection, unless the General Assembly shall have previously passed a resolution explicitedly authorizing the Chairperson of the Council to incur the expense on behalf of the Federation, and the Federation possesses the funds in which to do so. In general, first priority shall be to provide funding for Affiliate National Members, second priority shall be for National Members located in South America, and lastly for National Members in North America. Within each priority level, those members located at the greatest distance from the meeting location shall be given higher precedence.

ARTICLE 33
QUORUM

1. Fifty percent of participating representatives shall constitute a quorum for any meeting of the Women’s Council.

ARTICLE 34
PROCEDURE

1. The Women’s Council shall adopt its own Rules of Procedure.





CHAPTER 8
AMENDMENT AND ADOPTION OF THE CHARTER


ARTICLE 35
AMENDMENT

1. This Charter may be amended by consensus, but by no less than two-thirds (2/3) majority of the duly accredited representatives of the Membership of the Federation present at any Annual Assembly of the General Assembly.

ARTICLE 36
ADOPTION OF THE CHARTER

1. The present Charter is adopted by consensus or general agreement of the duly accredited representatives of the Membership of the Federation present at the 1st Annual Assembly of the Federation held via electronic teleconference between the 24th and 30th days of June of the year 2001 in the cities of Springfield in the State of Massachusetts, USA and Winston-Salem in the State of North Carolina, USA.





ANNEX "A"
ELECTORAL RULES FOR THE OFFICE OF THE SECRETARY GENERAL


Section 1
Appointment of the Chief Electoral Officer

1. At least twelve (12) weeks prior to the Assembly at which the election is to occur, the Federation Council shall meet and have included on its agenda an item dealing with the appointment by resolution of the Chief Electoral Officer.

  1. The Federation Council may, by resolution, create and appoint members to an ad-hoc committee for this purpose. A Chief Electoral Officer selected and appointed by such ad-hoc committee shall be cosidered to have been selected and appointed by the Federation Council as a whole.

2. The Chief Electoral Officer shall assume office at least ten (10) weeks prior to the election and shall cease functions no later than three (3) weeks after the election.

3. Once in office, the Chief Electoral Officer shall serve as an absolutely impartial officer of, and accountable directly to, the General Assembly.

4. The Chief Electoral Officer can be removed only for cause by resolution of the General Assembly or the Federation Council.

Section 2
Functions of the Chief Electoral Officer

1. The Chief Electoral Officer is responsible for:

  1. Conducting all Pre-Election activities, to include:
    1. Devising and mailing a blank nomination form to the Membership (using the official list of Members at the National Office) at least nine (9) weeks before the election;
    2. Receiving nominations of candidates for the Office of Secretary General and ensuring that they are complete and in proper form;
    3. Mailing the names and brief particulars of the candidates to the Membership (using the official list of Members at the National Office) at least four (4) weeks before the election;
    4. Devising and making all administrative arrangements, including the production and distribution of ballot forms, in connection with the election at the Assembly;
    5. Receiving and reviewing a preliminary financial accounting from all candidates of all moneys raised and spent for their campaigns including the names of contributors and ensuring that spending limits are applied fairly and evenly to all candidates; and,
    6. Arranging for, and presiding over, the All-Candidates Open Forum on the evening prior to the election; including
      1. Informing the All-Candidates Open Forum of the preliminary financial record of each candidate including the names of contributors.
  2. Conducting all Election activities, to include:
    1. Conducting as many ballots as may be necessary to properly elect a Secretary General;
    2. Counting of the ballots (after voting has occurred) in the presence of one (1) observer appointed by each of the candidates and of at least one (1) security officer; and,
    3. Announcing the results of the ballot to the General Assembly.
  3. Conducting all Post-Election activities, to include:
    1. Receiving and reviewing a final financial accounting from all candidates of all moneys raised and spent for their campaigns including the names of contributors and ensuring that spending limits are applied fairly and evenly to all candidates;
    2. Submitting a detailed written report on the election to the Federation Council within two (2) weeks after the election; and,
    3. Dispatching the ballots in the form and manner required in a resolution of the General Assembly passed for that purpose.

2. The Federation Council shall make available to the Chief Electoral Officer such staff and facilities as he might require to carry out his duties.

Section 3
The Nomination and Endorsement of Candidates

1. Commencing eight (8) weeks prior to the election and ending at midnight on the day that is five (5) weeks prior to the election, nomination papers in proper form shall be submitted to the Chief Electoral Officer.

2. Each nomination, in proper form, shall be endorsed by the Head of Delegation of the Member nation submitting the nomination.

3. Each nomination in proper form shall be accompanied by a statement signed by the candidate certifying that the candidate is at least eighteen (18) years of age and is of Metis ancestry and belongs to a specified Metis nation which is in good standing as a Member of the Federation.

  1. For the purpose of these Rules, the term "in good standing as a Member of the Federation" means that the particular Metis nation holds standing as a Member of the Federation, has subscribed the Charter of the Federation, and has demonstrated active participation in and/or support of the work of the Federation.

4. Each nomination in proper form shall be accompanied by a photograph and biographical sketch of the candidate as well as appropriate addresses, telephone numbers, and e-mail addresses.

Section 4
Campaign Expenses

1. The limit for expenditures by each candidate for election purposes shall be one hundred US dollars (US$100), excluding expenses necessary to attend the Annual Assembly.

2. On the day prior to the election, each candidate shall submit a certified preliminary statement of campaign expenses and names of contributors to the Chief Electoral Officer in sufficient time for the All-Candidates Open Forum to be informed.

  1. On the third day after the election, each candidate shall submit a certified final statement of campaign expenses and names of contributors to the Chief Electoral Officer.

3. The Chief Electoral Officer may disqualify any candidate who does not participate in the All-Candidates Open Forum, does not submit a financial statement, or whose financial statement appears, upon reasonable grounds to be false. Disqualified candidates may make an appeal from such disqualification to the General Assembly.

Section 5
The Timing of the Election

1. The election for the Office of Secretary General shall take place on the morning of the second day of the Assembly at which the election is to occur. The first ballot shall commence at 9:00 a.m. and end at noon, the second ballot, if necessary, shall commence at 1:00 p.m. and ending at 4:00 p.m. (If no Secretary General has been elected following the second ballot, the election procedure shall be repeated with a third and fourth ballot in the same time intervals the following day.)

2. On the evening prior to the election the candidates are obliged to participate all together in the All-Candidates Open Forum. (This is in addition to any caucus meetings in which individual candidates may choose to participate.)

3. As soon as the election results have been announced, the declared winner shall take the Oath of Office as Secretary General in the presence of the General Assembly and shall assume office at the conclusion of the Assembly.

Section 6
Conduct of the Election

1. All voter registration for the election shall cease one (1) hour before the ending of the first ballot, that is, at 11:00 a.m, on the second day of the Assembly.

2. Each Delegate or accredited representative to the General Assembly shall have the right to cast one (1) vote.

  1. A Delegate or accredited representative to the General Assembly may be represented by no more than one (1) proxy in the form of a duly executed original or facsimiled letter signed by that Delegate or accredited representative for whom the proxy is made provided that the signature is legible. There shall be no proxies of proxies.

3. A Delegate or accredited representative to the General Assembly shall cast their vote by completing the ballot form using the instructions contained thereon and by placing said ballot in the ballot box at the polling location provided for that purpose.

4. The winner of the election shall be that person who first gains a majority of sixty percent (60%) of the votes of the representatives of the Membership of the Federation of Metis Nations in the Americas who are registered to vote at the General Assembly.

  1. A candidate who fails to gain at least fifteen percent (15%) of the votes on any ballot shall be automatically eliminated from any subsequent ballot.
  2. In addition to, and after the elimination of any candidates under Section 6, Paragraph 4.A of these Rules, the candidate who gains the lowest number of votes shall be automatically eliminated from any subsequent ballot.

7. Any candidate may withdraw from the election at any time.