For lack of anything better to blog about, I’m going to write about the proposed changes to the constitution of my favourite charity, AWARE. According to the Straits Times (7 July 2009), AWARE has submitted / is submitting changes to its constitution to the Registrar of Societies and Commissioner of Charities for approval. The two changes, intended to prevent another unexpected leadership takeover, are :
(a) Requirement for not less than two years’ of membership before a member is eligible to be voted into the Executive Committee; and
(b) Right of the Executive Committee to expel any "member who acts against ths group’s interest" (quote from ST).
My questions are :
(1) What are AWARE’s interests ? Is this set out exhaustively in the Constitution ? Or is this determined (in part or in whole) by the EXCO ?
(2) If AWARE’s interests are set out exhaustively in its Constitution, would a member be considered to be acting against its interest if she attempts to gather support to amend the Constitution, against the wishes of another large group (though possibly not the majority) of the members and / or the Exco ?
(3) If AWARE’s interests are partly or entirely determined by the Exco, would a member be considered to be acting againsts its interests if she attempts to gather support for an extraordinary general meeting and a vote of no confidence against the Exco leadership ?
(And as a philosophical point — how does expelling a member fit in with AWARE’s philosophy of accommodating diverse views and interests in its membership and its work ?)
What are the checks and balances to guard against the abuse of this new power which is concentrated in the Exco ? Assuming there are none, the next time a "rogue" Exco assumes power will also be the last time AWARE survives a surprise leadership takeover.
In Singapore, the state may preventively detain a person without trial if it believes he is a threat to national security. There are checks, by no means satisfactory according to critics, to the exercise of such a power though. Such as the requirement for reviews by the Minister and President at regular intervals. The person who is preventively detained may also seek a judicial review of the legality of his detention.
The foregoing concerns personal liberty, which as a fundamental right in the constitution may not be deprived except in accordance with law. I don’t think it is reasonable to expect the AWARE constitution to be anywhere as comprehensive. At the same time, assuming the ST report had comprehensively covered the proposed AWARE constitutional amendments, it would be naive to think that those amendments are sufficient to safeguard the interests of its members and / or cannot be abused.