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PACIFIC GAMES COUNCIL CHARTER Constitution, Code of Conduct, Protocols, and Regulations adopted Apia, Samoa 14 May 2006 As amended most recently in Port Moresby, Papua New Guinea, 4 July 2014 1 PART 1 - THE CONSTITUTION TABLE OF CONTENTS Vision 3 Philosophy 3 Mission 3 Article 1 Name 3 Article 2 Purpose & Objects 3 Article 3 Membership Affiliation & Fees 4 Article 4 The Pacific Games Council 5 Article 5 The Pacific Games & the Pacific Mini Games 6 Article 6 Numbering of the Games 6 Article 7 Hosting of Games 6 Article 8 Conditions of Entry 6 Article 9 Nature of Contest 6 Article 10 Official Language 7 Article 11 Headquarters 7 Article 12 Governance 7 Article 13 Pacific Games Council in Meeting 7 Article 14 The Executive Board 8 Article 15 Executive Board: Election of Board Members 9 Article 16 Executive Board: Powers and Duties 11 Article 17 Awards 13 Article 18 Sports Committee 13 Article 19 Marketing Committee 14 Article 20 Audit and Finance Committee 15 Article 21 Entry Fees 16 Article 22 Code of Conduct 16 Article 23 Sports in the Programme of the Pacific Games 16 Article 24 Sports in the Programme of the Pacific Mini Games 18 Article 25 Duration and Character of the Pacific Games & 19 Pacific Mini Games Article 26 Eligibility 19 Article 27 Symbol, Flag and Emblems 22 Article 28 Commercial Rights 23 Article 29 Dispute Resolution 25 Article 30 Changes to the Charter 26 Article 31 Arbitration 27 Article 32 Indemnity 27 Article 33 Dissolution 28 Article 34 Definitions 28 2 PART 1: THE CONSTITUTION Vision To promote a unique, friendly world-class competition and Games and to develop sport for the benefit of the people, the nations and the territories of the Pacific Community. Philosophy Our philosophy captures the spirit of the past by which we chart our future. The origin of these Games dates back to the 1960’s. A South Pacific Games Council emerged from the member countries and territories of the South Pacific Commission. This is the Pacific Community as we know it today. The people of the Pacific are by nature and circumstance of birth and habitat a unique homogeneous inter-nation group of cultures, bounded by region, race, culture, geography, history and lifestyle. By desire and necessity the people of the Pacific regularly shift their residence within their wider community. This movement means changes in residence throughout the Pacific and frequently is inter-generational. By reasons of work, employment, family, education, health, relationships and sport facilities and opportunities it is anticipated that these trends will continue into the 21st century and beyond. Our challenge is to facilitate for the Pacific Community continuing sporting competition in the international sporting arena whilst preserving our uniqueness and unity in values and traditions. By this Charter we meet that challenge. Mission The Mission is to deliver the vision of this Charter. It is to develop, promote, provide and celebrate successful sport and games in the Pacific in accordance with the philosophy of this Charter and the rules and regulations of the International Sports Federations (IFs) applicable to the sports included in these Games in the best interests of the athletes of the Pacific Community. ARTICLE 1 Name By this Constitution there is established a Pacific Games Council (hereafter called “the Council”). ARTICLE 2 Purpose & Objects The objects of the Council are: 1. To create bonds of kindred, friendship, and brotherhood amongst people of the countries & territories of the Pacific Region through sporting exchanges between them without any distinction as to race, gender, religion or politics. 3 2. To promote the Pacific Games, which shall be held every four years and smaller Games called the Pacific Mini Games, which shall also be held every four years. The Pacific Games and Pacific Mini Games shall be open to eligible competitors representing their Country/Territory. 3. To establish rules and regulations for the conduct of the Pacific Games and the Pacific Mini Games in conformity with the technical rules of the International Federations governing the sports concerned. 4. To promote and deliver to the athletes of the Pacific Communities competition in sport between athletes of the highest possible standards, venues and Games organisation. 5. To promote and organise multi-sports events, cultural activities and educational programmes related to sport and festivals attached to such events. 6. To encourage and assist sport and sport development and physical recreation throughout all member Nations of the Pacific Islands and to promote the shared values of integrity, fair play, competence, commitment to excellence, respect for gender equality and tolerance, including the fight against the use in sport of drugs and of unhealthy or performance enhancing substances. 7. To support fair and drug free competition between the athletes of the Pacific Community, and for such purpose to adopt and implement the provisions of the Code of the World Anti-Doping Agency (WADA) including to require PGAs in their policies rules and procedures to respect and comply with that Code. 8. To promote Pacific values, culture and heritage, and the development and celebration of sport. ARTICLE 3 Membership, Affiliation and Fees Membership All Island countries and territories who are members of the Pacific Community (previously known as the South Pacific Commission) shall be eligible to become members of the Pacific Games Council. These are American Samoa, Cook Islands, Federated States of Micronesia, Fiji Islands, Guam, Kiribati, Marshall Islands, Nauru, New Caledonia, Niue, Northern Mariana Islands, Norfolk Island, Palau, Papua New Guinea, Samoa, Solomon Islands, Tahiti, Tokelau, Tonga, Tuvalu, Vanuatu, Wallis and Futuna. Membership of the Council will be granted to the internationally recognised National Multisport Organisation within Pacific Community Member Countries and Territories. This organisation affiliated to the Council shall be referred to as the Pacific Games Association (PGA). A PGA’s membership of the Council will only be recognised if it operates with autonomy and independence. 4 Recognizing that sport occurs within the framework of society, PGAs shall have the rights and obligations of autonomy, which include determining the structure and governance of their organisations, enjoying the right of elections free from any outside influence and the responsibility for ensuring that principles of good governance be applied. In order to fulfil their mission, PGAs may cooperate with governmental bodies, with which they shall achieve harmonious relations. However, they shall not associate themselves with any activity which would be in contradiction with the Charter. PGAs may also cooperate with non-governmental bodies. PGAs must preserve their autonomy and resist all pressures of any kind, including but not limited to political, legal, religious or economic pressures which may prevent them from complying with the Charter. Affiliation and Fees 1. The Council shall consider and, if thought fit, approve (with or without conditions) applications for affiliation from appropriate national sports bodies of any recognised Pacific Community country, or any colony, or any dependent or associated territory of a Pacific Community country. 2. The PGA shall be required to comply with all rules and regulations of the Council. 3. A country's eligibility for continued affiliation through its PGA to the Council shall be subject to continued compliance with the Charter, Games Management Protocols, Games Regulations and the Code of Conduct of the Council. 4. Only one PGA from each member country shall be granted affiliation. The PGA so affiliated shall be the official body in its country for all matters concerning the Pacific Games. The Organising Committee (“OC”) shall deal direct with the PGA on all matters concerning the Pacific Games and Pacific Mini Games. 5. Each PGA shall pay an annual subscription as fixed by the Council in annual general meeting. Annual subscriptions shall be due and payable as at the first day of each financial year. 6. Annual subscriptions shall be paid by each PGA to the Council. Until such time as the annual subscription is paid the defaulting member shall not be entitled to vote at any meeting of the Council. ARTICLE 4 The Pacific Games Council Responsibility for the direction and control of the Pacific Games, Pacific Mini Games and multi-sports events organised under Article 2 above is vested in the Council. The Council is the supreme and decisive authority in all matters concerning the Pacific Games and Pacific Mini Games. Any person or organisation belonging or having any relationship with, in any capacity whatsoever to the Council shall be bound by the provisions of the Council Charter, and shall abide by the decisions of the Council. 5 ARTICLE 5 The Pacific Games and the Pacific Mini Games The Pacific Games and the Pacific Mini Games shall be held every four years and shall be open to eligible competitors of the PGAs of all Pacific Island member countries and territories, which collectively are referred to as "the Pacific Community" in this Charter. PGAs of all Island Countries and Territories who are members of the Pacific Community shall be invited to participate in these Games in fair and equal competition. Each PGA is obliged to participate in the Pacific Games and Pacific Mini Games by sending athletes. Other country members of the Pacific Community may be invited to participate in an edition of the Pacific Games or Pacific Mini Games on such terms as agreed by the Council in annual general meeting. The dates of these Games shall be fixed so that they can be held regularly alternating every two years. ARTICLE 6 Numbering of the Games The first Pacific Games were held at Suva, Fiji, in 1963, and subsequent Games are numbered consecutively as they take place thereafter. The first Pacific Mini Games were held in Honiara, Solomon Islands in 1981 and subsequent Games are numbered consecutively as they take place.
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