Who creates a Region?
1. Chapter VII, Article XIX (Composition) paragraph 1 of the WOSM Constitution
says:
“1. Regional Scout Organizations may be established in conformity with the
requirements of this Constitution, comprising Members of the World
Organization so desiring within a geographical area to be defined from
time to time by the World Committee. There shall be not more than one
Regional Organization in each area”.
2. In other words, the World Scout Committee is sovereign in establishing
Regions, i.e. in establishing their geographical limits. But this does not mean that
all national Scout organizations (NSO) must belong to a Region. Indeed, whereas
the recognition by WOSM is equivalent to “legal birth” of an NSO, belonging to
one particular Region is not an obligation. (One can be born without becoming
member of a club, but one cannot be member of a club without being born).
In other words, an NSO can belong to WOSM but can freely decide not to be
part of the Regional Scout Organization corresponding to the geographical area
determined by the World Scout Committee; however an NSO cannot belong to
a Region other than the one geographically described by the World Scout
Committee.
This situation illustrates the fact that membership of WOSM as a World
Organization is a direct link that need not go through a Region; a Region is just
an additional tool that allows WOSM as a whole to function.
b) How is a Region composed?
1. The same Article says, in its paragraph 2:
“2. Each Regional Scout Organization shall be composed of the following
organs:
(a) A Regional Scout Conference, comprising all Members of the Regional
Organization.
(b) A Regional Scout Committee, duly elected by the Regional
Conference. The duly elected Chairmen of the Regional Committees may
attend the meetings of the World Committee in a consultative capacity.
(c) A Regional Scout Office, directed by a Regional Executive. The
Regional Office is also a branch of the World Bureau, in conformity with
Article XVI, paragraph 2, of this Constitution. The Regional Executive i s
appointed by the World Bureau in agreement with the Regional
Committee, is paid by the World Bureau and reports to the Secretary
General to whom he is responsible, and to the Regional Committee”.
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Under 2 (b), the “duly elected Chairman of the Regional Committee may attend
the meeting of the World Committee in a consultative capacity”. This aims at
ensuring not only good coordination between the regional and world levels, but
also a good implementation by the regional level of its duties as a Region
towards the World Movement. It also aims at strengthening the unity of World
Scouting as one Movement, while reflecting the specificity of each Region.
c) What are the functions of the Regional Offices?
1. Article XX 3 (a) says:
“The functions of the Regional Offices are:
(a) To serve as a Secretariat of the Regional Organization.
(b) To serve as a Secretariat of the World Organization in matters relating
to the Region”.
2. This is to be read in conjunction with Article XIX 2 (c) which says that “the
Regional Office is also a branch of the World Bureau, in conformity with
Article XVI, paragraph 2, of this Constitution”. That Article says that:
“The World Bureau shall consist of its international headquarters and such
Regional Offices as are established under Article XIX of this Constitution”.
This means that the first duty of the Regional Office is one of harmony with -
and belonging to - the World Bureau, of which it is an integral part. That is
strengthened by the sentence which says that “the Regional Executive ... i s
paid by the World Bureau and reports to the Secretary General to whom he
is responsible”.
And Article XVII (Functions of the Secretary General) says:
“The functions of the Secretary General are:
1. To direct the work of the World Bureau.
2. To appoint, supervise and remove the staff of the World Bureau, a s
provided for within the framework of the budget approved by the World
Committee”.
Article XIX, 2 (c) also says that: “the Regional Executive reports to the Regional
Committee”, but this relation is clearly less strong than saying that the Regional
Executive is “responsible to the Secretary General”; moreover, this Article is
being made more precise in Article XX, paragraph 3, which says that: “the
Regional Office serves as a Secretariat of the Regional Organization”.
(d) What are the functions of the Regional Conferences?
1. Article XX (Functions), paragraph 1 says:
“1. The functions of the Regional Conferences are:
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(a) To further the Scout Movement within the Region, by promoting the spirit
of world brotherhood, cooperation and mutual assistance amongst
Scout Organizations within the Region.
(b) To exercise such functions as are provided in the constitutions or other
laws governing the Regional Organization.
(c) To ensure the proper implementation of the decisions and policies laid
down by the World Organization which affect the Region”.
2. Here again, it is quite clear that the wish of the legislator was to make the
Regional Conference subordinate to the World Organization in those
matters that affect the Region, where the Conference is duty bound to
implement the world policies within that Region.
It is also clear that WOSM is not a Federation of Regions but a Federation of
NSO, that sets the policies of the Movement at world level, for
implementation at the regional and national levels.
(e) What are the functions of the Regional Committees?
1. The same article says:
“2. The functions of the Regional Committees are:
(a) To exercise such functions as are provided for in the constitutions or
other laws governing the Regional Organization.
(b) To act as an advisory body to the World Committee.
(c) To act as an advisory body for Member Organizations requiring advice
and assistance”.
2. The Regional Committee thus has essentially an advisory nature: it advises
the World Committee on regional matters and it advises the Member
Organizations on world matters; but it has no other functions than those
that the Regional Conference can give to them, as mentioned above. In
particular it does not have a direct operational responsibility in
relationship to the NSOs.
(f) What if world and regional levels do not agree?
1. As we have seen under (c), the first loyalty of the Regional Executive is to
the World Bureau and to the Secretary General. It means that, if there are
conflicting priorities, or conflicting instructions between, on one hand,
those which the Regional Executive receives from the Secretary General
and, on the other hand, those he receives from the Regional Committee to
which he is Secretary, the conflict should not and cannot be resolved by
the Regional Executive (who can only give priority to the World Bureau
and to the Secretary General), but must be discussed between the
Secretary General and the Regional Committee or the Regional Committee
Chairman. Should a disagreement not be solved in such direct dialogue
between the Secretary General and the Regional Committee or its
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Chairman, the matter should then go up to the World Scout Committee
which will take the ultimate decision, with no other superior reference
than the World Conference itself.
The ruling of the World Scout Committee - between conflicting
instructions given to the Regional Executive by the Secretary General, and
those given to him by the Regional Committee - is final, except if the
Regional Committee decides to challenge that ruling at the World Scout
Conference, which is the highest body to take any decision on all matters.
2. Moreover, Article XXI on relationships between Regional Organizations
and the World Organization states that:
“1. “The constitutions or other laws governing Regional Organizations, and
any amendments thereto, must be approved by the World Committee
before entering into force”.
2. In the event of a conflict between the obligations resulting from the
present Constitution and the obligations resulting from a constitution or
other laws governing a Regional Organization, the obligations resulting
from the present Constitution shall prevail”.