Corner Statute

Statute

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I. GENERAL PROVISIONS


Art.1

This Statute stipulates the objectives and duties of the Helsinki Committee for Human Rights of the Republic of Macedonia (hereinafter: the Committee), the name, the character and the seat, the rights and the obligations of the members, the organization and management, the representation and the termination, the manner of obtaining, use and disposal of resources and all other issues relevant to the work of the Committee.

Art.2

The Committee is a nongovernmental, voluntary, non-party and non-profit organization of citizens in the Republic of Macedonia, with the purpose, as member of the International Helsinki Federation for Human Rights (hereinafter: IHF) located in Vienna, and based on its Statute, to work for the general well-being and the common interests of all people, of the citizens of the Republic of Macedonia, and of the citizens of all countries whose Helsinki Committees are members of IHF.

Art.3

Member of the Committee may become any adult, regardless of his/her national, racial or religious affiliation, who is citizen of the Republic of Macedonia, or a foreigner with a permanent residence in the Republic of Macedonia, who shall voluntarily join the Committee and shall sign a statement of affiliation whereby he/she shall express his/her preparedness to become a member as person whose position and views are supranational and, above all, humane and who assents to this Statute.

Art.4

Acceptance to membership shall be made based on examination of the statement of affiliation by the Board and on the estimation whether the candidate sincerely commits to this Statute and the Program of the Committee and that he/she has not manifested activities contrary to art.3 of this Statute. The statement of affiliation, in case of expulsion or ceasing of one's membership in the association, must be returned.
The Committee shall make a register of its members, which shall be updated once a year.

Art.5

A member shall have the right to:
- vote and be elected in the bodies of the Committee;
- make proposals relating to settlement of issues of common interest;
- engage in the development and enhancement of the social and other activities that emerge from the Statute, the program goals and duties, and the accepted decisions and conclusions;
- implement fully the provisions of the Statute and the program activities;
- represent the interests and views of the Committee;
- ask for professional and other assistance in area of the matter concerned.

Art.6

The obligations of the members of the Committee shall be to take active participation in the implementation of the Program of Activities of the Committee and to attend the meetings.

Art.7

Every member may voluntarily terminate his/her membership in the Committee, as well as be expelled, in case of damaging the activity and the honor of the Committee and in case of undertaking activity that is contrary to the Statute and acts of the Committee. Such an expulsion is confidential by both sides, and only upon the demand of the expelled member, the Committee shall issue a written explanation.

Art.8

A person may be elected an honorary member of the Committee if he/she has earned special merits in the development, activities and implementation of the objectives and duties of the Committee, regardless of the fact whether he/she is a citizen of the Republic of Macedonia or not.

Art.9

The Committee, as an association of citizens, shall realize its objectives, duties and activities in accordance with the relations established by the Constitution of the Republic of Macedonia, this Statute, other laws in this area, as well as in accordance with the international documents and standards relating to human rights, and especially the international conventions relating to protection of human rights.

Art.10

The Committee is legally represented by President of the Committee (hereinafter: the President), who may delegate the signing authorization to:
a) the Head of Secretariat, i.e. Program Manager of the Committee, in the domain of administrative-technical questions, and
b) the Project Manager, i.e. his/her substitute, in the domain of operational questions associated with the realization of the project, excluding the financial authorizations.
This delegation of authorization can be repealed at any moment.

Art.11

The name of the association of the citizens is: HELSINKI COMMITTEE FOR HUMAN RIGHTS OF THE REPUBLIC OF MACEDONIA

Art.12

The seat of the Committee shall be in Skopje, 8, Dame Gruev St.

Art.13

The Committee has the capacity of legal person.

The Committee has its memorandum, seal and stamp.

The seal contains the name of the association: Helsinki Committee for Human Rights of the Republic of Macedonia, while in the middle of there is the symbol of the Committee, which is the symbol and the seal of the Helsinki Federation: black strip between two balls "Helsinki" is written with white letters.

The stamp is rectangular and the following text is written on it:

Helsinki Committee for Human Rights of the Republic of Macedonia

No. ____________________
_________/__________ year
S k o p j e".

Art.14

The work of the Committee is transparent.

Transparency in working is secured by regular information to the members of the Committee relating to all forms of working, by insight into the realization of the program duties, by making report on the work to the organs and bodies of the Committee, on material and financial operations, etc.

Radio, TV and newspapers shall be used to inform the members and the general public.

II. OBJECTIVES, DUTIES, AND MODE OF THEIR CARRYING OUT


Art.15

Citizens are associated into the Committee due to the realization of a wider common interest understood as a complex of equal and non-alienable rights and freedoms of every individual that are the corner stone and conditions that a free, just and peaceful state as a member of the circle of civilized, democratic, and likeminded countries cannot do without.

1. The special objectives of the Committee shall be:
a) to support and reaffirm the principles of the Final Document of CSCE signed in Helsinki, Finland, in August 1975, as well as the further CSCE/OSCE documents, and, particularly, to attend to their just implementation in the Republic of Macedonia, but also in all the other members of the Helsinki Federation, based on the seventh principle of the Declaration of the principles that the participatory states are guided by in their common relations and the so-called "third basket" or the Cooperation in the humanitarian area;
b) to monitor the implementation of human rights in the Republic of Macedonia through the prism of the Universal Declaration for Human Rights of 1948 of the United Nations, and the consequent recommendations and related documents of the UN, CoE, OSCE; to inform the Macedonian official structures and the public about its findings of possible violations with a purpose to overcome the problematical conditions, while at the same time helping the persons whose rights and liberties have been violated;
c) to support, while contributing for the promotion of human rights and freedoms, the development of the democratic institutions, and especially the promotion of legality and the rule of law;
d) to engage in relevant research and documentation activities that shall result in the publication of scientific works and educational material, as well as the widest possible dissemination of the human rights through education, by which they shall become an integral part of the culture in the daily life of the citizens of the Republic of Macedonia;
e) to develop a close cooperation with IHF and its members, as well as other related nongovernmental, national and international associations in function of permanent improving of the common commitments relating to human rights and freedoms.

2. In order to implement its objectives, the Committee shall undertake the following:
a) develop activities in the form of representation, lobbying, negotiation, mediation, education in the form of seminars and workshops, expert-consultative activities, including the preparation of scientific works, the organization of discussion groups and round tables in the function of public debate, the initiation of legal and bylaws changes, as well as amendment and publication services.
Every activity of this kind shall be articulated in a form of written project;
b) prepare and publish a monthly, six-monthly and annual report on the conditions of the human rights and freedoms in the Republic of Macedonia;
c) perform consciously and in consistent manner its duties, but also exercise its rights that emerge from the membership in IHF, regulated the Annex 1 to this Statute;
d) help victims of abuse of human rights in every aspect, especially with the development of projects for legal aid and development of a so-called "solicitors of trust" network; and
e) collect, accept and create means that will facilitate the activities of the Committee.

III. FINANCING OF THE COMMITTEE


Art.16

The Committee shall collect resources from:
- voluntary contributions, donations, gifts and legacies;
- the Budget of the Republic of Macedonia, the budgets of the units of local self-government and the budget of the city of Skopje;
- commissions from bodies, organizations, communities and other services;
- trade companies;
- other services.

Art.

17 The use and disposal of the resources of the Committee acquired on the basis of the previous Article, shall be made in manner established by this Statute and in accordance with the laws in power.

Art.

18 The bodies of the Committee shall pass decisions concerning the use and the disposal of the resources, in accordance with the competencies established by this Statute. The bodies of the Committee shall undertake measures for economical and appropriate use of the resources and the prevention and elimination of irregularities.

Art.19

The Committee shall adopt an annual financial plan on revenues and expenditures of the Committee.
The financial plan shall include the revenues that are acquired in accordance with Art. 16 of the Statute, as well as the expenditures for social activity, salaries of the employees, collective consumption, material costs related to operations of the Committee and other expenditures related to the work.

Art.20

The Committee shall have its bank account.

IV. MANAGEMENT OF THE COMMITTEE


Art.21

The Committee shall be managed by the organized membership of the Committee directly or through their representatives in the bodies of the Committee.

Art.22

Bodies of the Committee are:

1. Assembly;
2. Executive Board;
3. Secretariat;
4. External council.

Art.23

The Assembly shall be the highest organ of the Committee.
The Assembly shall consist of all members of the Committee, and at least more than 1/2 of the total number of members.
The Assembly shall convene when necessary, but at least once a year.

Art.24

The sessions of the Assembly shall be convened by the President, at least seven days prior to the set date, while the annual session at least 14 days prior to the set date agreed upon on the previous session of the Assembly.
A session of the Assembly shall also be convened upon proposal of the Executive Board of the Committee or by 1/5 of the total number of members of the Assembly.
If the Chairperson of the Assembly, within 14 days of the day of the made proposal, fails to convene a session, the session shall be convened by the Executive Board or the initiators.
A session of the Assembly on the work of the Executive Board may be also convened upon proposal of the Supervision Commission.
The manner of convening the sessions of the Assembly of the Committee is established by the Rules of Procedure of the Assembly.

Art.25

The Assembly shall make valid decisions if more than 1/2 of the total number of representatives (members) is present.
As a rule, the Assembly shall pass its decisions by majority vote of the present representatives (members). The Assembly shall choose a Chairperson for every session.
The decisions of the Assembly shall be binding for all bodies and members of the Committee.

Art.26

The scope of competence of the Assembly shall include the following:
- adopt the Statute of the Committee and to make amendments to it;
- appoint and to dismiss members of the Executive Board and other bodies of the Committee;
- set the general policy for the work of the Committee for a period of 4 years, operationalized in the annual programs;
- examine and approve the annual report on the work of the Executive Board between two assemblies;
- examine and approve the annual accounts and the budget;
- debate on the accomplished results in the development of the Committee, and give guidelines on the future development of the Committee;
- make decisions on merging or separation from other associations and on becoming member in federations and international organizations;
- dissolve the Committee by a 2/3 majority;
- pass decisions, conclusions, and recommendations regarding the solution of issues of concern to the Committee;
- make decisions on the establishment of trade companies;
- consider any other matter stemming from this Statute and the laws.

Art.27

The Assembly shall pass its decisions by direct voting.
Each member of the Assembly shall have the right to one vote.
The Assembly shall create and elect the members of its supportive bodies.

Art.28

The Assembly shall elect an Executive Board where the majority of members are citizens of the Republic of Macedonia.

Art.29

The Executive Board of the Committee (hereinafter: Board) shall be the executive body of the Committee, in which all members shall have same rights, obligations and responsibilities in the work and development of the Committee in accordance with the Statute. A member of the Board shall be exempted from voting only on issues that concern him/her; his/her spouse and relative to the second degree, as well as issues that relate to some legal person that is under the control or economic interest of his/her.

Art.30

The Board shall be the managing body of the Committee where every member shall have the same rights, duties and responsibilities on the work and development of the Committee in accordance with this Statute. The Board shall be chaired by the President of the Committee as primus inter pares. The President shall, at the same time, be the Spokesperson of the Committee.
The Board shall elect the President of the Committee on a four-year term with a possibility of one re-election.
Every Project Manager shall have the right to attend the Board sessions.
All members of the Board shall be reimbursed for their engagement in accordance with their activities and the financial capabilities of the Committee.

Art.31

The powers of the Board shall include:
- to implement the statutory and program duties of the Committee, as well as the decisions and conclusions of the Assembly;
- to adopt and implement an annual work program;
- to propose amendments to the Statute;
- to implement the policy, the conclusions and the decisions passed by the Assembly;
- to pass appropriate regulations, approve contracts and conclude agreements;
- to convene sessions of the Assembly and to prepare materials;
- to manage and be accountable for the management of the assets of the Committee;
- to make decisions on the establishment of permanent and interim commissions, project and contribution networks and to guide their work;
- to initiate and/or approve projects and to appoint Project Managers;
- to follow and guide the realization of projects on regular basis;
- to organize and to take active participation in the organization of various actions and events;
- to make decisions on awards and acknowledgements;
- to act as an employer of the Secretariat;
- to give approval with regards to the Regulations on the organization of jobs and working duties in the Secretariat of the Committee;
- to make decisions with regards to petitions and appeals;
- to prepare annual or periodic reports on its work;
- to exercise other jobs stemming from the needs of the Statute of the Committee.

Art.32

The President of the Committee shall convene a constitutive session of the Board immediately upon the meeting of the Assembly. At its first session, the Board shall elect the Vice-President.

Art.33

The Board shall meet every second Thursday of the month, except for July and August. The annual Timetable of the Board shall be set on the January meeting.
At least two times per annum, the Board shall overview the monitoring measures, evaluate them and possibly bring instructions for the improvement of their implementation, being guided by the recommendations of the prominent international organizations in the human rights sphere.
The Board shall adopt its Rules of Procedure.

Art.34

The Board shall be responsible to the Assembly of the Committee for its work.
The means of summoning of Board sessions and other questions related to the work of the same shall be regulated in the Rules of Procedure.

Art.35

The President shall represent the Committee in its relations with the state and abroad, as well as with all other governmental and nongovernmental organizations and institutions. He/she shall be a full-fledged member of both the Assembly and the Board. He/she shall be responsible for the implementation of the Statute, the decisions and positions of the Committee and the Board and an official interpreter of the positions and interests of the Committee.
He/she shall be responsible for the implementation of the policy of the Committee and the Board in between two Board sessions. He/she shall report to the Board for all decisions made in such period, while the latter shall declare whether such a decision would be applicable in future situations.
The President may not have an elected or any other state function, nor be a member of any party that may result in conflict with the objectives of the Committee as a nongovernmental organization.

Art. 36

The Vice-President of the Board shall substitute the President and perform all his/her functions as provided for by this Statute, in period of announced or forced absence of the President. The Vice-President shall be obliged, upon the return of the President, to inform him/her on all activities undertaken in the meantime.

Art.37

The Board may establish a Supervising Commission and other working bodies for the implementation of the statutory and program duties, and decisions passed by the Assembly.
The Supervising Commission shall exercise control over the implementation of the financial provisions of this Statute and control over the appropriate disposal of resources and revenues of the Committee.
The Supervising Commissions shall submit all its findings and decisions to the Assembly and the Board.

V. SECRETARIAT OF THE COMMITTEE


Art.38

A Secretariat shall be established with a purpose of carrying out of the administrative, office, auxiliary and similar work of common interest in the implementation of the objectives and duties of the Committee.
The main function of the Secretariat shall be to prepare the meetings of the Board and Assembly; to realize the project activities in accordance with the guidelines of the Project Manager, but organized by the Secretariat Manager; to prepare the drafts of all reports, as well as follow the conditions of the human rights and freedoms and report to the President of the Committee on a daily basis.
None of the members of the Secretariat, including its Manager, may be a member of the Board, or a Committee member with a right to vote at the Committee Assembly sessions.

Art.39

The rights and obligations and responsibilities of the employees in the Secretariat shall be established by a working contract that shall be in accordance with the legal norms of the Republic of Macedonia, and signed on one hand by the person to be employed and on the other hand both by the President and the Secretariat Manager.

Art.40

The resources for the operations of the Secretariat shall be established by a Financial Plan every year as follows: resources for salaries, resources for collective consumption, resources for material expenses, resources for special purpose for the regular exercise of the functions.

Art.41

The Secretariat shall be managed by a Head of Secretariat, possibly professionally engaged.
The Head of Secretariat shall be appointed and dismissed by the Executive Board, in accordance with the conditions set forth by a separate decision.
The Head of Secretariat shall follow and evaluate the realization of the duties of the employed. He/she, shall also be responsible for putting forward proposals for financial stimulation, promotion and initiation of disciplinary procedures, as well as deciding on matters of suspension of employees valid until the first forthcoming Board session, and not exceeding one month.

Art.42

The rights, obligations and responsibilities of the Head of Secretariat shall be:
- the Head of Secretariat shall be considered an executive manager and shall execute all rights and obligations stemming from the Law on Labor Relations;
- the Head of Secretariat, together with the President is in charge of task distribution, and co-signer of the Account of the Committee;
- the Head of Secretariat shall be held responsible for the implementation of the Financial Plan and the Work Program;
- the Head of Secretariat shall take care of the timely executions of the decisions and conclusions adopted by the Assembly and the Board;
- the Head of Secretariat shall undertake, in legal operations, measures and activities on behalf of and on account of the Committee, conclude contracts and agreements on behalf of and on account of the Committee in the administrative and office field, in accordance with the authorization obtained by the President of the Committee;
- the Head of Secretariat shall take care of the proper implementation of the legal provisions in the field of operations made by the Committee, and if he/she considers that the activity undertaken by the Committee runs contrary to the laws, he/she shall signalize that to the President of the Committee, i.e. the Board in a written form.
In the execution of his/her duties, the Head of Secretariat is assisted and in his/her absence also replaced by the Organizational Manager of the Secretariat.

Art.43

The External Council shall comprise of 6-8 non-Committee members from the range of journalists, university professors, high administrators, and other nongovernmental organizations. The main function of the Council shall be to put forth its comments, suggestions and opinions for the draft of the annual report, as well as the work preformed by the Committee and its effects.
The Board shall decide on the list of persons who might be invited to become members of the Council on its November meeting.

VI. TRANSITIONAL AND FINAL PROVISIONS


Art.44

The Committee shall cease its operation in case this is decided by the members of the Committee, in case the number of its members falls below the number established for founding, and in case the reasons as set out in Art. 52 of the Law occur.
A decision to cease the operation of the Committee shall be made by the Assembly with a 2/3 majority vote of the Committee.

Art.45

The Assembly has the right to authentic interpretation of the provisions of this Statute, while, between two assemblies, the Board shall have this right.

Art.46

Amendments to this Statute shall be made by the same procedure as used for its adoption.

Art.47

This Statute, which comprises of 47 articles and an annex, shall enter in force on the very day of its adoption, by which the Statute of the Helsinki Committee for Human Rights of 29 December 1998 shall cease to be effective.

President of the Committee

Based upon art.15, para.2, point c) of the Statute of the Helsinki Committee for Human Rights of the Republic of Macedonia of 08.05.2002 (hereinafter: the Committee), and in accordance with the Statute of the International Helsinki Federation for Human Rights of 07.11.1998 (hereinafter: IHF), the following rules are established for the

COOPERATION WITH THE INTERNATIONAL HELSINKI FEDERATION FOR HUMAN RIGHTS

#1 (3.2-b ) The Committee, as a member of IHF, shall prepare two annual reports, closing with the date established by the Executive Board of IHF, and shall direct them to the IHF Secretariat. These reports shall be the following:
a) Report on the Human Rights Conditions in the Republic of Macedonia;
b) Report on its own work.
The first report shall be published in its entirety and/or distributed to the representatives of the Macedonian public, while the second report shall be either the identical or abbreviated copy of the report that the Board is required to prepare in accordance with art.26/1-4 of this Statute and deliver it to its Assembly.

#2 (4.1) The Committee, through its representatives, shall actively participate in the sessions of the General Assembly of IHF, while through its elected representatives it shall do so in the other IHF bodies.

#3 (4.2.2-4) On its regular, November session, the Committee shall decide who shall represent it on the Annual meeting of the General Assembly of IHF for the current year and whether there are any questions that it wishes to include in the agenda of the Annual meeting. The notice about these two decisions will be forwarded to the IHF Secretariat at least 20 days before the scheduled day of the yearly session.

#4 (5.1) The Committee requests the President and the Secretary to keep regular contacts with the Executive Director and the Secretariat of IHF by virtue of fulfilling of the regular duties linked to the functioning of the Committee. The contacts between the Executive Board of the Committee and the Executive Committee of IHF shall exclusively be realized by the President, or a Board member who has authorized by him/her.
Verbal contacts are either noted or presented to the Board.

#5 (5.2) The Honorary President of the Committee is authorized and free to communicate with the Honorary Chairperson of the General Assembly of IHF when he/she finds it necessary, and shall notify the Board upon personal judgment.

#6 (6.1) The Committee shall apply for means in the framework of the Budget of the Republic of Macedonia by which it would settle the membership to IHF, and would possibly participate in international reunions, as the OSCE Human Dimension Annual Meeting.

#7 (6.3) The Committee assigns its President as an arbiter at the disposal of the Executive Committee of IHF in case of need foreseen by the provision 6.3-g of the IHF Statute. The notification about this decision shall be attached to the report stipulated in #1/a of this Annex.

#8 This Annex comprises of a total of eight points and comes into force on the very day of its adoption.

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