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June 07, 2004 Göttingen, Germany
§ 1 Name and Domicile of the Association
The association bears the name "Gesellschaft für bedrohte Völker e.V." (Society for Threatened Peoples). It is recorded in the register of associations of the county court. The domicile of the association is Göttingen.
§ 2 Purpose of the Association
1. The association opposes any attempt to destroy a people, its security, life, right of property and development, religion as well as its lingual and cultural identity.
2. The association will implement the purpose of the association particularly by helping peoples, ethnic and religious groups and minorities who are endangered in this kind of way – particularly by genocide and displacement – through obtaining and distributing reliable information, lobbying, leading political campaigns, launching initiatives to prevent conflict, initiating and supporting humanitarian and developmental aid (help to self-help) as well as assisting the refugees of the threatened peoples.
3. The association co-ordinates this work with corresponding organisation inland and abroad.
4. The orientation of the work of the Society for Threatened Peoples is in accordance with the policy statements decided upon in the general assembly.
§ 3 Membership – Acquirement
1. Any natural and legal person can be member of the association. The application for membership is to be handed in written form to the executive board which makes a decision about the incorporation. With his/her incorporation the member accepts the statutes of the association.
2. With the accession the member agrees that the personal data acquired and needed in correlation with the membership is recorded in the computing of the association. This happens in consideration of the data security guidelines of the German Data Protection Act (BDSG).
§ 4 Membership - Termination
1. The membership ends with death, exit, exclusion or deletion of the list of members.
2. The exit must be declared in written form. With the access of the declaration to the executive board the exit is effective in law.
3. The exclusion of a member is decided by an arbitration committee on motion of the executive board or of the general assembly on basis of the requirement of the rules of arbitration of the association. The decision of the arbitration committee can be revised by the general assembly with bare majority on motion of the involved parties. The rights of the members lay between the decision of the arbitration committee for exclusion and the decision of the general assembly.
4. A member can be deleted from the list of members if he/she has failed to remit the amount of payment for at least twelve months and despite written appeal not met his/her payment obligations. The deletion follows the decision of the executive board and the member is to be informed through the normal post.
5. With the exit from the association all membership rights expire.
§ 5 Rights und Responsibilities of the Members
Every member has the right to participate in the general assembly of the association, to make motions and vote. Form and time period of the motion, details of the summoning to the general assembly as well as to the exercising of voting rights are to be provided in the rules of procedure of the general assembly which are passed by the general assembly (in the following RP or GA). Every member has one vote. This also applies for every legal person. Only those members are entitled to vote who joined the association at least three month prior to the GA and have payed their amount completely. The voting has to occur personally. Every member has the right to help in the work of the association.
Every member has the obligation to pay the minimum amount decided upon by the GA. Every member is liable to inform the federal office of the association if he/she changes their domicile. Every correspondence from the office is held to be recieved three working days after postal if sent to the last address given to the association by the member in written form.
§ 6 Organs of the Association
The organs of the association are the GA, the executive board and the arbitration committee.
§ 7 General Assembly
1. Every year an annual general assembly is held to which every member is invited by the executive board. The invitation takes place in written form. The GA is incumbent on:
• acceptance of the statements of account of the executive board and the report of the auditor,
• discharge of the whole executive board,
• election of a new executive board,
• election of two auditors,
• amendment of the statutes,
• decisions on motions handed in,
• election of the three members of the arbitration committee,
• final decision on the deletion of members (according to 4, Zi. 3, S. 2.) as well as
• dissolution of the association.
2. Every meeting called in according to the rules is quorate. It decides upon motions through a bare majority, as long as they do not concern amendments of statutes, policy statements and the dissolution of the association.
For the ascertainment of a bare or qualified majority the number of the attending or properly represented members is relevant. If members abstain they are considered not present.
3. A protocol is to be made of the GA and its resolutions that is to be signed by the chairperson and the keeper of the minutes.
4. The GA elects a chairmanship after the opening and before the adoption of a resolution concerning the orders of the day. The chairmanship consists of a chairperson and an equal substitute. The members of the chairmanship are not allowed to be members of the board. The chairperson executes the domestic authority during the GA and appoints a keeper of the minutes.
5. Details to the adoption of a resolution through the GA as well as the implementation of elections are regulated by the RP of the GA.
6. The executive board is obliged to call an extraordinary general assembly if the majority of the executive board or at a minimum one tenth of the members demand so under declaration of reasons and an order of the day.
§ 8 Executive board
1. The executive board of the association is composed of a chairperson and four further board members as well as two substitute members. The substitute members participate in the meetings of the board without obtaining voting rights. The election of the chairperson has to occur before the lection of the other members of the board in a special ballot.
The association is represented by two members of the executive board. In legal transactions with monetary worth over DM 5.000 in individual cases and annual total expenditure of over DM 10.000 an affirmative decision of the executive board shall be obtained before transaction. For the justification of an employment or other service contract with duration longer than three months an affirmative decision of the executive board shall be obtained in any case.
2. The executive board is responsible for all the affairs of the association as long as the statutes do not note something different. It has in particular these duties:
• management of the current business transactions, particularly the embodiment of the political work of the association,
• preparation of the GA and scheduling of the orders of the day,
• calling of the GA,
• implementation of the resolutions of the GA,
• setting up of the budget for the business year,
• administration of the capital of the association and accountancy,
• preparation and disposal of the annual report to the GA,
• adoption of resolutions concerning the admission and deletion of
members,
• termination of working contracts.
The executive board meets within a month of the election. In this first meeting it elects with a bare majority the representing chairperson and a board member as a authorised representative for each specific area of operation. The representative has to inform the executive board on this specific unit, prepare formations of opinion and resolution, supervise the collaboration and contact of the executive board with the other organs of the association, the federal office and externals and fulfil any special orders of the board. The executive board remains responsible for all areas of operation with a representative. The authorised representative is not entitled to make any decisions or take action without the authorisation of the board. The co-operation with full time employees is regulated by the RP of the executive board. In particular following units should have an authorised representative:
• indigenous people,
• work in countries,
• refugees and asylum,
• international organisations and international collaboration,
• public relations,
• finance,
• general organisations, members, regional groups.
The executive board can assign further areas of obligation according to its best judgement. Every member of the board should be an authorised representative for at least one area of obligation. The fixation of areas of obligation decided by the executive board and their apportionment to individual members of the board shall be announced to the members at once. Every member of the board shall give an personal account of the area of obligation taken on in consideration of the corresponding activities in the federal office.
3. The executive board is entitled to engage full time employees for the business management and the fulfilment of its duties in line with the financial possibilities of the association (federal office). The federal office shall possess a sufficient amount of executive consultants as well as a business management in charge of the finances and general administration. After its election the executive board shall specify the collaboration with the federal office and other employees as well as the organisational structure of the federal office at once in the RP in detail and mandatory. The RP are public within the association.
The executive board can in addition appoint voluntary coordinators and employees outside the federal office for the specific areas of political work.
4. The term of office of the executive board is two years. If a member resigns during the term of office, the substitute member elected with the most votes automatically becomes a member of the board. If no substitute member is available, the executive board has the right to appoint a substitute member.
5. The executive board has a general assembly. During this it shall be decided if there will be a protocol on the resolutions agreed upon in the meetings of the board.
6. The meetings of the executive board are public within the association. Personal affairs will not be discussed in public.
§ 9 Amendments of Statutes
The statute may be amended by a majority of not less than two thirds of members present at a members assembly.
§ 10 Change of the Programme Principles
Change of the programme principles may only be adopted by a majority of not less than three quarter of the members present at the members assembly.
§ 11 Annulation of the Association
The annulation of the association may only be adopted by not less than two tirds of the members present at an assembly called up exclusively for this occasion.
§ 12 Non-profit-making
1. The association exclusively and immediately follows non-profit-making aims in the sense of paragraph "Tax benefitted aims" of the contribution order.
2. The association works unselfishly; it does not primarily follow self-efficient aims.
3. The association’s funds shall be used for aims in accordance with the statutes and articles only.
4. The members do not receive benefits from the association’s funds.
5. No single person shall be privileged by expenses which are alien to the association’s aim, or which represent unproportionally high remunerations.
6. In case of the association’s liquidation or in case that its previous aim is no longer valid the association’s capital is transferred to another tax-benefitted corporation, which immediately and exclusively uses it for non-profit-making aims in accordance with these statutes and articles.
§ 13 Regional Groups
1. The regional groups are essential for the work of the STP. They are supported by the executive board and the federal office.
2. The regional groups are able to act independently within the framework of the statutes and articles. It is their duty to act under their respective regional group’s label.
3. Their position and their work are regulated by the regional groups statutes. The regional groups statutes are binding for the executive board and for the regional groups. It may be mutually changed by the executive board and the regional groups’ assembly. If there is no consense regarding change, it is the right of both the executive board and of single regional groups to present a proposal for change towards the main annual assembly’s decision making. The main annual assembly decides upon the statutes’ first time coming into force.
4. The regional groups inform the executive board about their work.
5. Upon a regional group’s justified claim towards the executive board the members of a regional group pay, according to the single member’s claim, their contribution for their regional group’s free use in accordance with the statutes mentioned in paragraph 2. The claim has to be handed in in writing. The regional group has to be informed about the decision upon it in writing. The claim has to be granted if a regional group has completely filled its duties according to the regional groups statutes. Prior to rejection of a claim, the regional group’s speaker has to be heard. The general assembly may be called upon against the executive board’ negative answer of a claim.
§ 14 The Board of Trustees
The board of trustees has a consulting and supporting function towards the general assembly and the executive board. Appointed to the board of trustees are persons who support the association’s aims in a distinct manner due to their public work. The executive board decides about a person’s admission to the board of trustees.
The executive board has to take into account the specific material knowledge and contacts of the board of trustee’s members when working out the annual programme and for important political decision-making.
Rules of Arbitration – Arbitration Committee
1. Constitution
The arbitration committee is composed of three members; within these a chairperson is elected. The members of the arbitration committee are not allowed to belong to the executive board.
2. Competence
The arbitration committee is responsible for:
a) Decisions in legal disputes regarding:
• the appliance and interpretation of the statute,
• the legality of the resolutions of the organs of the association,
• rights and responsibilities of the association.
b) Sanctions towards members of the association.
On behalf of actions taken toward a member of the association, the member can demand a hearing within a certain period of time before the decision is made.
3. Term of Office
The term of office of the arbitration committee is one year.
4. Decisions
The arbitration committee in principle decides after an oral hearing. If none of the parties concerned disagree, the decision can also be made in a written procedure.
The arbitration committee decides with a bare majority of its members. If a participant of the procedure fails to appear in the oral hearing despite orderly summoning without an adequate excuse or does not speak out during the oral hearing, the decision can be made in his absence or according to the files.
The arbitration committee is obliged to work towards a valid agreement in every phase of the procedure.
The reasons are to be noted in the decision, which shall be signed by the chairperson and immediately forwarded to all involved parties.
The decision of the arbitration committee is final, unless it is revised according to 4, Zi. 3, S. 2 by the GA.
The oral hearing is in principle public within the association; the public can though be excluded upon request of an involved party.
Statute of the Regional Groups
§ 1 Status of the Regional Groups
The regional groups are the responsible body for the activities of the STP in their public area. They are essential for the propagation of the interests of the STP.
§ 2 Duties of the Regional Groups in General
The regional groups work in their regional area within the entire spectrum of activities and commitments of the STP in the field of security for threatened religious and racial minorities in terms of the statutes of the STP.
§ 3 Duties of the Regional Groups in Detail
1. Paramount duty of the regional groups is working on the public awareness in behalf of the situation of threatened racial, ethnic and religious minorities in the terms of the STP. The regional groups organise public events as for example information evenings, cinema shows, tribute concerts, exhibitions, lectures.
2. The regional groups report half-yearly to the federal office in a working report:
• implemented information presentations and activities/actions (it should be one to two on a half a year),
• emphasis regarding contents,
• further on planed actions.
3. Because of the special circumstances a regional group can cease its activities. This period should not be longer than nine months.
4. Regional groups which do not hand in a working report on the two successive dates (on the 15.11 and the 15.06), can loose their status as a regional group after a negative consultation of the federal office. The resumption of work as a regional group is possible at every time.
5. Duty of the regional groups is moreover the establishment of direct contact with members of the minorities living in Germany and supply of support for them on a local basis. Therefore the regional groups should stay open for the problems of the minorities living in the area.
6. The regional groups are as a part of the STP also responsible bodies of the supra-regional activities. They support the campaigns of the organisation as a whole within the scope of their local possibilities (local press, posters, flyers and signature lists etc.) Every regional group receives the press release of the STP and forwards it to the local and alternative press. Actions for which the "Vierte Welt Aktuell” (Bedrohte Völker Aktuell) appeals are supported by the regional groups.
7. The regional groups inform the federal office about flyers, posters, press releases and send an example of each for the STP-archive.
§ 4 Internal Organisation of the Regional Groups
1. A regional group must consist of at least three active members who are named to the federal office including a contact address.
2. As far as a regional group in accordance with the federal office maintains a bank account, the federal office has to be informed at least every three months over all monetary transactions of the account period under naming of the cause. A member of the regional group must be named to the federal group as person in charge of the account-keeping and reporting.
3. If a regional group receives books, magazines or other information material from the federal office to sell on an event, a member responsible for the sending, safekeeping and accounting shall be named. Regional groups get a sales discount of 40% in the materials of the STP and of the publishing company progrom.
4. Finally, the regional groups are free in there internal organisation. Internal forming of opinion, composition of members and representation towards the public should be in accordance with the statues and the policy statements of the STP.
§ 5 Collaboration of the Regional Groups and Representation towards the Federal Office
1. At least once a year a meeting of the regional groups takes place. The meeting is organised alternately by one regional group at a time with support from the federal office.
2. At the regional meeting a speaker for the regional groups can be elected for the period of one year who presents the interests and decisions of the conference of the regional groups to the federal office. The speaker of the regional groups is authorised to raise the issues of the regional groups at the meeting of the executive board. Necessary expenses for the realisation of the duties of the regional groups mentioned afore speaker are refunded by the federal office.
3. The regional groups publish a regional group newspaper quarterly if possible. It serves as form for the textual and organisational activities and questions of the regional groups. It will be organised and edited with the regional groups in charge and published. The newspaper of the regional groups shall be distributed to all regional groups and the federal office, as well as on request to further members of the STP. It is published in the own responsibility of the regional groups considering the statutes and intensions of the STP. Costs for print and mailing are paid by the STP.
§ 6 Duties of the Federal Office
1. One member of the federal office is responsible for the regional groups. He/She is the contact person of the regional groups for any questions concerning the work of the regional groups. The contact person of the regional groups supports and advises the newly founded regional groups in particular in foundation work, realisation of events, fund raising etc.
2. The federal office and particularly the contact person of the regional groups will foster the activities of the regional groups intensively in collaboration with the speaker of the regional groups and put effort into sustainable foundation of new regional groups.
3. The executive board of the STP is to be informed at the annual general assembly over the activities of the federal office according to the protrusive clauses.
4. The federal office shall instruct the regional groups in a suitable form in available media, for example films, documentations, exhibitions etc. which can be used for local events. The federal office shall further inform periodically which own employee is responsible as a consultant for certain subject areas and on request make an effort in finding consultants for events of the regional groups.
§ 7 Financing and Handling of Payment
1. The federal office opens an internal account for every regional group.
2. The account of every new founded regional group will be credited with a specified amount as a support for the foundation. The federal office can furthermore also support certain especially interesting activities of regional groups if an according request is made.
3. Other financial means funded by the federal office for a regional group (for example donations) are updated in the internal account and are to be used at the disposal of the regional groups in conform to the requirements of the STP and taking into account the reporting according to IV,2.
§ 8 Commencement
This statute for regional groups replaces the statute previously in force. It comes in force after its adoption by the general assembly.
Rules of Procedure of the General Assembly of the Society for Threatened Peoples (STP)
Ref. to 5, art. 1:
Applications concerning the amendment of the statutes or the programme principles have to be presented to the federal office not later than the 31th of March for the GA of each year. These applications have to be announced in the invitation of the members of the GA taking into account the provisions of the statutes that are to be amended. Upon written asking of a member the complete wording of the amendment application may be sent to that member previous to the GA.
Finally, applications within the GA may be proposed following the agenda.
The invitations to the GA are to be effected following a time limit of six weeks. Relevant for the adherence to the time limit is not the accession of the invitation to the member, but the postmark. The invitation is to be sent to the adress that has been announced to the executive board in the admission application or to a later point of time to the executive board or the federal office.
A agenda is enclosed to the invitation. The agenda may be amended or completed subsequently, whereas a time limit of at least two weeks previous to the GA has to be adhered to. Finally, supplements or amendments of the agenda may be adopted by the GA.
Ref. to 7 art. 6:
The election of the executive board takes place secret and in an written form. Other elections are likewise conducted secretly and in a written form, if this is adopted upon request by the GA.
The executive board has to prepare the upcoming election at the GA, in particular it has to ascertain a legally and statutally acceptable procedure.
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