Part 1: Preliminaries
Name
1. The name of the Organization shall be the "African Biological Safety Association (Af-BSA) (hereafter referred to as the "ASSOCIATION").
Status
2. The ASSOCIATION shall be non-governmental, non-political, non-sectarian and non-profit making through which its members shall work, co-operate and collaborate with one or each other, or with other associations, scientific or health organizations, institutions or individuals throughout Africa or elsewhere in the world in the promotion of Biosafety and Biosecurity as scientific disciplines and to serve the growing needs of Biological safety professionals throughout Africa.
The language used by the Association shall be both English and French.
Interpretation
3. In these rules unless the context otherwise requires:-
"Anglophone" means English speaking countries
"Annual conference" means the African Biological Safety Conference organized annually by the African Biological Safety Conference Committee of the ASSOCIATION in accordance with Clause 13(f) (i);
"Annual meeting" means the Annual General Meeting of the ASSOCIATION convened and conducted in accordance with Clauses 16 and 18.
"Chief Officers" mean the officers of the ASSOCIATION mentioned under clause 8 and as nominated under clause 8(a)
"Council" means the Governing body of the ASSOCIATION established under clause 10(a);
"Francophone" means French speaking countries
"Journal" means the African Journal of Biosafety published by the Publications Committee of the ASSOCIATION in accordance with Clause 13(f) (ii);
"President" means the President of the ASSOCIATION appointed under clause 8(a);
"Secretary" means the Honorary Secretary to the ASSOCIATION appointed under clause 8(a);
"Symposium" means any technical meeting of the ASSOCIATION by whatever name called organized by the Symposium Committee of the ASSOCIATION in accordance with Clause 13(f) (iv).
"Treasurer" means the Honorary Treasurer to the ASSOCIATION appointed under Clause 8 (a)
Area of Operation
4. The ASSOCIATION is continental, having its primary area of operation within the Continent of Africa and whose membership is primarily drawn from persons and institutions of Africa as hereinafter provided. Reason wherefore and because of its status described in clause 2 and given that the ASSOCIATION'S headquarters are going to be situated in Nairobi in the Republic of Kenya, the ASSOCIATION seeks to be formed under and to be constituted in accordance with the Non-Governmental Organization Co-ordination Act. Number 19 of 1990 of the Laws of Kenya, to carry on and/or otherwise engage in the objectives or activities that are hereafter below indicated.
Part II: Objectives of the Association
5. The ASSOCIATION shall:
a. Promote biosafety and biosecurity as scientific disciplines and serve the growing needs of biological safety professionals throughout Africa.
b. Provide a professional body that represents the interests and needs of practitioners of biological safety, and to provide a forum for the continued and timely exchange of biological safety information.
c. Aim to enhance the knowledge and understanding of biological safety issues throughout Africa.
d. Strive to establish and communicate best practices amongst members and to encourage dialogue and discussions on developing biosafety and biosecurity issues.
e. To enhance collaboration and networking between laboratories in areas of pathogen security and biosafety, including risk assessment, safety and security consultations, and design and implementation among African laboratories.
f. To establish the training needs of African Institutions with the purpose of ensuring their proper qualifications for enforcing Biosafety and Biosecurity principles.
g. To provide training for scientists, laboratory managers, and policy makers on surveillance, diagnostics, biosafety, and pathogen security to raise awareness and to promote effective laboratory practices.
h. To design and implement surveillance and molecular diagnostic systems that strengthens infectious disease detection and response.
i. To seek International cooperation towards reducing the risk of biological threats by collaborating with collaborate governments to develop biosafety and pathogen security standards that are consistent with national and international guidelines, norms and requirements.
j. To establish a non profit training centre(s) to gather for the training needs of professionals in Africa
k. Seek to influence and support emerging legislation and standards in the areas of biosafety, biosecurity, biotechnology, transport and associated activities and will act as a focal point for the consolidation of views on these issues.
l. Strive to represent the interests of its members in all areas relating to biological safety, with the objective of ensuring the prevention of harm to man or the environment from biological substances or materials.
m. Develop and maintain professional standards for the field of biological safety in Africa through education and research.
n. Promote the safe handling and disposal of micro-organisms and the by-products of Biological processes.
o. Advance biosafety and biosecurity as scientific disciplines through education and research in Africa.
p. Expand biological safety awareness and promote the development of work practices, equipment and facilities to reduce the potential for occupational hazards and adverse environmental impact from infectious agents or biologically-derived materials.
q. Call, convene and organize or manage the Annual Biological Safety Conference in various locations or venues in Africa for purposes of bringing to the notice of members and deliberating any matters relating to the objects of the ASSOCIATION and in particular matters relating to biosafety, biosecurity and related disciplines and the management thereof.
r. Develop and provide supporting training materials and activities to ensure members are aware and informed of new issues and areas of research, to support the principle of continuous professional development for its members.
s. Produce an annual membership directory to stimulate networking.
t. Offer a registration (Registered Biosafety Professional) and certification (Certified Biological Safety Professional) program to recognize biological safety professionals.
u. Publish for and in the name of the ASSOCIATION a journal to be known as the African Journal of Biological safety on a time basis as may be decided upon from time to so as disseminate, broadcast or otherwise publicize Biological safety publications and therefore, or other matters, news or information that may ordinarily be published in a journal of this nature and character for the benefit of its members or members of public.
v. Solicit, on behalf of the members, or otherwise receive from within or without Africa, and from any lawful activity or sources, research funds or resources and disburse the same as herein provided, or disburse such funds or resources directly to the research programmes identified as herein provided, provided that the ASSOCIATION may in a similar way solicit for data, expertise or other need for the benefit of members and shall devise a system of sharing among members any such data, expertise or other solicitation.
w. Promote documentation, communication, dissemination and application of biological safety research findings through all available avenues. Without prejudice to the generality of the foregoing, documentation, communication, dissemination and application of the said research findings may be made to or for the benefit of any Government, institution or organization in Africa, any member institution, organization or person, and communication or dissemination thereof may be through a newsletter, tract, pamphlet, lecture, symposium, workshop, mass media, publication demonstration or other medium.
x. Establish links with other biological safety associations internationally.
y. Develop or devise a scheme of awards, recognition or distinction of merit or honour and confer awards, recognition, distinction or mark thereof to any person, institution or organization in recognition of any achievement or work, related to or having relation with the understanding and management of health problems in Africa.
z. Do anything ancillary to or connected with the foregoing objectives, or otherwise do anything that helps the ASSOCIATION to achieve any or all of its objectives.
Part III: Membership of the Association
6. The ASSOCIATION shall be open to anyone, including students, senior professionals, and disciplines as diverse as healthcare, academia, emergency response, pharmaceutical/ biotechnology industries and regulatory affairs.
a. Until determined otherwise, there shall be five (5) categories of membership of the ASSOCIATION as follows:
(i) Individual Members: Any person with an interest in Biological Safety shall be eligible for Individual Membership. Individual Members shall be eligible to vote, to hold office, to serve on committees, and to enjoy other rights of the ASSOCIATION. An individual may become a member by submitting a completed ASSOCIATION membership application and payment of the current annual dues to the ASSOCIATION.
(ii) Corporate Members: Any company or organization with an interest in biological safety shall be eligible for Corporate Membership. Each Corporate Member may designate up to three persons as Individual Members. Each of these three individuals shall be eligible to vote, to hold office, to serve on committees, and to enjoy other rights of the ASSOCIATION.
(iii) Student Members: A Post-Graduate student with an interest in biological safety shall be eligible for Student Membership. Student Members shall not have the right to vote or the right to hold elective office.
(iv) Emeritus Members: A person who has been an Individual Member for 10 years, who has retired and who is no longer gainfully employed shall be eligible to apply for Emeritus Membership. Emeritus Members shall have all the rights of Individual Members. They shall not pay dues.
(v) Honorary Members: A person who has made outstanding contributions to biological safety or who has served the ASSOCIATION with distinction shall be eligible for Honorary Membership. Individuals who were members of the ASSOCIATION prior to becoming Honorary Members shall be eligible to vote, to hold office, to serve on committees, and to enjoy other rights of the ASSOCIATION.
b. Members shall pay fees for membership. Fees shall be communicated by the ASSOCIATION every year.
c. Notwithstanding anything herein provided, no person shall become a member of the ASSOCIATION unless he is involved in matters of or relating to biosafety, biosecurity, biotechnology, health, health science or health care delivery, provided that the Council, with the approval of the ASSOCIATION at its annual meeting, may fix further pre-conditions to be fulfilled by applicants before submitting their applications.
d. The Council shall have power:
(i) To receive all applications for the membership of the ASSOCIATION and may approve or reject them on such terms and conditions as it deems fit.
(ii) To fix terms and conditions governing each category of membership and to review the same from time to time; AND without prejudice to the generality of the foregoing, to fix fees and other charges to be paid for the acquisition of membership and to determine the procedures and other modalities of submitting and considering applications and all other matters connected herewith or ancillary thereto.
e. When making nominations, the Council's Nominating Committee shall give consideration to a balance of employer types, geographic areas, and interests that best represent the membership of both Anglophone and Francophone countries in Africa.
f. Notwithstanding anything contrary herein contained, granting of membership to the ASSOCIATION or revocation thereof shall lie within the jurisdiction of the ASSOCIATION and shall be exercised at its annual meeting, provided that the Council shall exercise such powers in regard to membership to the extent and manner herein provided, but the exercise of such powers shall be subject to the approval of the ASSOCIATION at its annual meeting.
g. The Council shall devise an appropriate certificate herein known as a Certificate of Membership which it shall confer upon every person who becomes a member of the ASSOCIATION as evidence of that membership and such certificate shall be duly signed by the President and countersigned by the Secretary on behalf of the ASSOCIATION.
h. The Council may admit any person as an affiliate member of the ASSOCIATION as they may deem fit and is in the interest of the ASSOCIATION. But such affiliate member shall not be required to pay any membership or other fees, provided that the Council may, in the exercise of the power hereunder, admit any person as an honorary member in the interests of the ASSOCIATION, upon such terms and as it deems fit.
i. Any member may rescind his/her membership at any time and for any reason by giving a three months' written notice to the Secretary and the Secretary shall expeditiously as the circumstances may permit bring the matter to the attention of the Council for necessary action, provided hat a member rescinding his/her membership shall be held liable and shall be required to make good any claims against him/her by or anything owing from him/her to the ASSOCIATION or any of its organs before being released from membership of the ASSOCIATION.
j. The ASSOCIATION may revoke the membership of any person or organization or entity at any time on any ground it considers fit, provided that such a person, organization or entity shall have the right to contest the revocation by making a written representation through the Secretary to the ASSOCIATION in a manner prescribed by the Council and the ASSOCIATION shall, at its next annual meeting following the submission of the written representation, consider and make a decision(s) on the representation.
Part IV: Management of the Association
7. The ASSOCIATION shall be managed through its Officers, the Council and Committees as hereinafter provided.
Part V: The Officers of the Association
8. The Chief Officers of the ASSOCIATION shall be:
(i) The President
(ii) Vice-President
(iii) Honorary Treasurer
(iv) Honorary Secretary
(v) Members of the Council, and
(vi) Any other such officers as the ASSOCIATION shall determine from time to time.
a. The Chief Officers shall be elected by the ASSOCIATION at its annual meeting. The election shall be by nomination by the members. Subject to the provisions of Clause 18(f) and for the purpose of any such election of ASSOCIATION may nominate a candidate from amongst its members through written notice to the Secretary not less than thirty (30) days before the meeting where the election is to take place. If there is only one nomination for any office, the candidate nominated shall be declared elected for the office in question. If there is more than one nomination for any office a ballot shall be held and the winner shall be decided by a simple majority. If there is no nomination for any office, or if any office becomes vacant, before the annual meeting the vacancy shall be filled by appointment by the Council and such appointment shall be subject to the approval of the members at the next annual meeting following such appointment.
b. Any chief officer whose member organization or institution ceases to be a member of the ASSOCIATION shall automatically cease to be an officer of the ASSOCIATION, unless prior to his/her organization or institution ceasing to be a member, he had in his/her own right become a member of the ASSOCIATION.
c. Subject to the rotation of members as provided under Clause 10 (c), the Officers of the ASSOCIATION shall hold office for five consecutive years but shall be eligible for re-election upon the expiry of the stated time unless there is reason to warrant otherwise.
d. Notwithstanding the provisions of Clause 8(c), any officer of the ASSOCIATION may be removed from office by the ASSOCIATION before the expiry of his term of office on any ground the ASSOCIATION may deem fit and the ASSOCIATION shall forthwith fill any vacancy thereby created, provided that rules of natural justice shall govern the exercise of this power by the ASSOCIATION.
e. The officers of the ASSOCIATION may be paid remuneration, fees or honoraria as consideration for their services to the ASSOCIATION as the ASSOCIATION may, upon the advice of the Council, determine from time to time, provided that an Officer shall be entitled to compensation for damages or loss suffered or expenses incurred by him/her in the course of and/or arising from the performance of his/her duties as is provided under Clause 21.
Duties of the Chief Officers
9. The Officers shall provide general leadership, preside over meetings, workshops, and execute duties that usually pertain to the offices held.
a. The President
(i) The President shall provide primary leadership, preside at meetings of the Council, the Annual Biological Safety Conference, the Annual Business Meeting, and execute duties that usually pertain to the President.
(ii) The President provides primary leadership and is the official spokesperson for the Association
(iii) The President appoints committee chairs and creates ad hoc committees as necessary with advice and consent of the Council.
b. The Vice-President
The Vice-President shall deputize for the President whenever and if the President is unable to perform any duties or exercise any powers of the president in person, provided that the Vice-President shall perform such other duties or exercise such other powers as may be assigned or directed by the President from time to time.
c. The Honorary Secretary
The Honorary Secretary shall be secretary at all meetings of the ASSOCIATION itself and those of the Council. Without prejudice to the generality of the foregoing the Secretary shall, under the general guidance of the President, handle all correspondence on behalf of the ASSOCIATION: issue notices convening the annual meeting and the annual conference and other meetings of the ASSOCIATION and those of the Council, take minutes and shall be responsible for keeping minute-book and other records of such meetings; and shall in this capacity perform all duties of Secretary including the co-ordination of all the committees of the ASSOCIATION, the Council and the Secretariat.
d. Executive Director
The Association may employ an Executive Director to implement the policy and decisions reached by the Council.
e. Other Officers of the ASSOCIATION
Other Chief Officers elected by the ASSOCIATION pursuant to the provisions of Clause 8(a) shall perform such functions and exercise such powers as the ASSOCIATION may assign from time to time.
The Council
10. There shall be a council to be known as the African Biological Safety Council which shall be the supreme administrative organ of the ASSOCIATION and under the guidance of the President, exercise all powers and perform all functions of supreme administrative organ.
a. The Council shall consist of not less than seven (7) and not more than fifteen (15) members elected as provided in Clause 8(a) and (b), provided that the ASSOCIATION shall have the power to vary the minimum and maximum numbers herein provided as the circumstances may warrant.
b. The tenure of office for the members of the Council shall be as provided in Clause 8(d) and (e), provided that members of the Council shall under normal circumstances, vacate office on a rotational basis of one-third thereof: and for the first rotational retirements the alphabetical listing of the members' surnames shall be used to determine those to retire.
c. The Council shall meet such number of times in a year as it shall deem fit unless directed otherwise by the President or the exigencies of the time, provided that the Council shall meet at least once prior to the holding of the annual meeting and the annual conference.
d. The Council shall make rules to govern the conduct of its affairs and procedures of its meetings and of all matters connected therewith or ancillary thereto.
e. Any member of the Council who ceases to be a member of the ASSOCIATION or institution or organization to which he/she belongs and by virtue of which he/she became a member of the Council shall cease to be a member of the ASSOCIATION, and ipso facto, a member of the Council.
f. The Council, in consultation with the President, may fill by way of nomination, casual vacancies occurring among its ranks, provided that such casual nominations shall be subject to ratification by the ASSOCIATION at its next annual meeting following the filling of such vacancy.
Functions of the Council
11. Without prejudice to the generality of Clause 10 (a), the Council, under the general guidance of the President, shall:
a. Formulate policies and guidelines for the efficient management of the ASSOCIATION.
b. Draw the agenda for the annual meeting and the annual conference and in consultation with the Steering Committee organize the realization of the annual meeting and the annual conference.
c. Through Steering Committee and the Secretariat, implement decisions, actions and resolutions of the ASSOCIATION passed or taken at the annual meeting and the annual conference or other general meeting thereof.
d. Oversee or otherwise supervise all the activities of the Committees of the ASSOCIATION.
e. Decide all urgent and other emergency matters which would otherwise be decided by the ASSOCIATION itself at its annual meeting and the annual conference had it not been for the inability of the annual meeting and annual conference to convene in time or at all.
f. Administer the property and funds of the ASSOCIATION in such manner and for such purposes as will in its opinion, promote the best interests of the ASSOCIATION.
g. Cause the preparation of the annual accounts of the ASSOCIATION and to lay the same before the annual meeting for approval.
h. On the advice of the African Biosafety Conference Committee, approve research and financial estimates therefore.
i. Administer approved estimates.
j. Receive or solicit for and/or on behalf of the ASSOCIATION grants in aid, gifts, donations, fees, subscriptions or other moneys and make disbursements there from.
k. Make regulations governing the appointment, conduct and discipline of employees of the ASSOCIATION and for the management of any other matter of the ASSOCIATION for which, in the opinion of the President, regulations should be made.
l. In consultation with the Steering Committee, draw up a scheme of service for employees of the ASSOCIATION.
m. Administer the approved terms and conditions of service, including appointments, dismissals, remuneration and retirement benefits of employees of the ASSOCIATION.
n. Manage the seconding of personnel to and out of the ASSOCIATION in co-operation with other organizations, institutions or agencies.
o. Receive and or consider nominating of persons, organizations or institutions recommended for an award, prize, or recognition by the ASSOCIATION and thereafter recommend to the ASSOCIATION the cause of action; And conceive and develop various prizes, awards or schemes of recognition.
p. Borrow on behalf of the ASSOCIATION and mortgage or charge the property of the ASSOCIATION in security to such loans.
q. Appoint trustees and auditors of the ASSOCIATION.
r. Do any and or all necessary things so as to achieve any objectives of the ASSOCIATION.
THE ANNUAL CONFERENCE
12. The ASSOCIATION shall conduct an annual Biosafety Conference to keep members informed of current biosafety and biosecurity issues and regulatory initiatives.
a. There shall be a Conference to be known as the Annual Biosafety Conference of the ASSOCIATION which shall consist of all members of the ASSOCIATION meeting annually or at such other times in that capacity as hereinafter provided.
b. When convened the Conference shall constitute the primary scientific organ of the ASSOCIATION and shall in that capacity meet to deliberate on all matters of or relating to bio-safety, bio-security and related disciplines, AND shall have power to do anything or all things designed to achieve any or all of the objectives of the ASSOCIATION dealing with or related to biosafety and resolution of the problems thereof as herein contained in Clause 5.
c. The Conference shall meet once every business year of the ASSOCIATION and shall report to and be responsible to the ASSOCIATION at its annual meeting next following the holding of the Conference, provided that the President, in consultation with the Council, shall determine when and where the Conference shall be held AND not withstanding anything herein provided the Conference may be held at the same venue and on the same date with the annual meeting of the ASSOCIATION, the sequence provided in clause 18(a) shall prevail.
d. The Conference shall determine the procedures and conduct of its meetings and its other affairs.
Committees
13. The ASSOCIATION shall:
a. Upon its recommendation, the Council establish such number of Committees as it shall consider necessary for the efficient performance of its functions or attainment of all or any of its objects.
b. The Committees unless otherwise directed, shall be responsible to the ASSOCIATION through the Council and shall function under the general direction of the Council.
c. The Council shall appoint from among the members of the various committees and shall assign terms of reference thereof and determine other terms and conditions of each committee, provided that in appointing any members of a Committee, the Council shall have regard, inter alia, to expertise of the members vis-