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With regard to Articles 9, 10 and 12. of the Law on Associations and Foundations of Bosnia and Herzegovina (Official Gazette of BiH, number 32/01) the Founding Assembly of the " RESEARCH AND DOCUMENTATION CENTER " Association approved the following Statute at its session held on 4 March 2004 in Sarajevo :
S T A T U T E
OF THE " RESERACH AND DOCUMENTATION CENTER " ASSOCIATION
I BASIC PROVISIONS
Article 1
The " RESEARCH AND DOCUMENTATION CENTER " Sarajevo is the association formed by a Joint Agreement of the Association members, approved at the Constituent Assembly which took place on March 4, 2004 in Sarajevo, in compliance with the Law on Associations and Foundations of Bosnia and Herzegovina.
Article 2
This Statute shall regulate the following in accordance with the Law :
• The full and abbreviated name of the Association and its seat,
• Goals of the Association,
• Procedure for recruitment and release of the Association members,
• The Association bodies,
• The rules governing the acquisition, spending and management of the Association funds and oversight over the funds,
• Transparency of the Association activities,
• The shape and content of the seal,
• Representation of the Association,
• Requirements and procedure for merger, separation, transformation or closure of the Association,
• Procedure for disposal of property and other assets in case of dissolution or closure of the Association,
• Procedure for amending the Statute and issuance of other documents,
• Any other issue which is relevant to the organization and activities of the Association.
II NAME AND SEAT OF THE ASSOCIATION
Article 3
The full name of the Association shall be:
Udruženje " ISTRAŽIVAČKO DOKUMENTACIONI CENTAR "
Удруженје " ИСТРАЖИВАЧКО ДОКУМЕНТАЦИОНИ ЦЕНТАР "
Udruga " ISTRAŽIVAČKO DOKUMENTACIJSKI CENTAR "
The abbreviated name of the Association shall be:
" I D C "
" И Д Ц "
" I D C "
The full name of the Association in English shall be :
" Research and Documentation Center "
The abbreviated name of the Association in English shall be :
" RDC "
The full name of the Association shall be used officially in Latin and Cyrillic script.
Article 4
The Association shall have its seat in Sarajevo.
The address of the Association is : Dubrovačka 2, 71000 Sarajevo.
III GOALS OF THE ASSOCIATION
Article 5
The " RESEARCH AND DOCUMENTATION CENTER " Association Sarajevo is a voluntary, independent, non-political, impartial, non-profit, multi - ethnic association, established for the purpose of realizing shared interests of the Association members.
The goals and activities of the Association are :
• Systemic monitoring of implementation of human rights in Bosnia and Herzegovina, as well as protection, recognition and promotion of the UN Conventions on Human Rights and instruments of international humanitarian law and fundamental human rights of citizens and victims and their families,
• Inter-connection of the Association members with the purpose of protecting and promoting human rights,
• Collection, preservation, protection and analysis of all relevant data and documents which will help detect causes to human rights violations in Bosnia and Herzegovina and the manner in which they have been violated, especially in the period between 1992-1995,
• Making proposals for improving human rights situation with a view to having new laws in place or the current legislation amended,
• Education of members of citizens in the field of human rights through transfer and improvement of knowledge and research techniques and encouragement of professional and scientific and research activities in the field relevant for the Association,
• Establishment of cooperation with scientific organizations and professional institutions in the country and abroad for the purpose of promoting human rights,
• Encouragement of the process of rebuilding trust, confidence and reconciliation,
• Establishment of a modern data base and the data processing system,
• Education, training, advanced training,
• Publishing of reports ( on a regular and periodical basis ) and publications the content of which is related to the goals and activities of the Association and promotional, public relations and audio and video productions, exhibitions and other activities,
• Contacts with the media for the purpose of promoting of all aspects of human rights,
• Execution of any other activity related to the content and goals of the Association.
Article 6
The Association shall implement the set goals in a manner defined by law, this Statute and other documents of the Association.
In implementing its goals, the Association shall not engage in election campaigns nor shall it in any other way take part in the activities of political parties.
IV ASSOCIATION MEMBERS
Article 7
The Association members are citizens of Bosnia and Herzegovina or legal entities registered within Bosnia and Herzegovina.
The Association members may also be internationals who have permanent or temporary residence in Bosnia and Herzegovina.
The founders shall acquire the status of the Association member on the date of registration of the Association.
The membership shall be voluntary.
The decision to grant membership in the Association shall be made by the Managing Board independently and at the proposal of the President of the Association.
The Association shall keep a register of its members.
Article 8
The legal entities referred to in Article 7, paragraph 1 of this Statute shall acquire the status of the Association member further to the application for membership and a declaration of accepting the goals and the Statute of the Association.
A certificate from the register kept in the court in which the legal entity is registered, and the decision to file an application for membership issued by a responsible body of the legal entity applying for the membership shall be attached to the application for membership in the Association.
Article 9
The decision to grant membership in the Association shall be made by the Managing Board independently or at the proposal of the President of the Association.
The decision issued by the Managing Board may be appealed within 30 days to the Association Assembly. The decision by the Association Assembly shall be final.
Article 10
The membership in the Association shall cease :
• By a voluntary withdrawal from the Association,
• By failure to pay a membership fee for a period exceeding six months,
• By the implementation of the Statute and other documents,
• By cessation of the legal status of the member,
• In case of death.
The decision to cease membership due to a violation of the Statute shall be made by the Managing Board of the Association.
Article 11
Any member of the Association may withdraw from the Association on the basis of his or her written statement to be submitted to the Association Managing Board.
The date of receipt of such a statement shall be considered as a date of cessation of membership.
Article 12
Any member who is committing a gross violation of the Association Statute, fails to carry out his or her responsibilities or undermines the Association or mars the reputation of the Association by his or her actions may be excluded from the Association.
Prior to making a decision to exclude a member from the Association, the member shall be informed about the proposal to exclude him or her and the reasons for which his or her exclusion is proposed.
The Association member shall be given a 7 day deadline for presenting his or her opinion about the proposal to exclude him or her from the Association membership.
The decision to exclude the member shall be made by the Managing Board.
The decision issued by the Managing Board may be appealed within thirty days to the Association Assembly. The decision of the Association Assembly shall be final.
Article 13
The Association member who withdraws or is released from Association shall carry out the duties toward the Association pending as on the day of cessation of his or her membership.
Article 14
The Association members shall have the following rights and responsibilities :
• Take part in implementing the goals of the Association,
• Elect and be elected in the Association bodies,
• Be informed regularly and timely about the activities of the Association,
• Present their opinions and proposals with a view to promoting the work of the Association,
• Use the rights in accordance with the new Statute and other documents of the Association,
• Pay membership fees regularly,
• Protect and improve the reputation of the Association,
• Implement other rights and responsibilities defined in this Statute and other documents of the Association.
Article 15
The founders of the Association, donors and other members of the Association may be awarded a certificate of merit by the Association for exceptionally meritorious service and contribution to the Association and its promotion.
The decision to award a certificate of merit shall be made by the Managing Board of the Association and the certificate of merit by the Association President.
Article 16
The membership of a legal entity in the Association shall cease when it loses the status of a legal entity, on the date of registration of cessation of the status of a legal entity in the court register.
The cessation of membership shall also imply the cessation of all membership rights in the Association.
Article 17
The Association Assembly may issue a general document to regulate in detail in accordance with this Statute the manner and procedure for granting and cessation of membership.
V ASSOCIATION BODIES
Article 18
The bodies of the Association are :
1. Assembly,
2. Managing Board,
3. President.
1. ASSEMBLY OF THE ASSOCIATION
Article 19
The Association Assembly is the highest body of the Association made up of all Association members.
Article 20
The Association Assembly shall be responsible for :
• Issuing the Statute, its amendments and other documents defined by the Statute,
• Electing and dismissing the President of the Association and members of the Managing Board, chairman of the Assembly and permanent and ad hoc commissions and shall be responsible for representing and acting on behalf of the Association in legal matters,
• Considering and adopting reports prepared by the Managing Board,
• Deciding on joining associations, mergers, separation, transformation or any other status-related changes of the Association,
• Issuing a decision to transfer powers of the Association to the Managing Board for taking decisions on certain issues between the two sessions of the Assembly,
• Issuing a decision to present awards, commendations, acknowledgements of the Association,
• Considering and approving the Association activates,
• Considering and approving annual reports on work and annual statement of accounts,
• Defining the amount of a membership fee,
• Approving the budget of the Association,
• Considering and approving a report on the work of the Managing Board,
• Considering and deciding on complaints and appeals by the Association members against decisions by Managing Board,
• Deciding on any other issue beyond the scope of responsibility of the other body.
Article 21
The Association Assembly shall meet as and when needed and once a year at least.
The Assembly shall be convened by its Chairman 15 days before the session at the latest.
The Chairman shall convene the Assembly in case it is requested by at least one third of the Assembly members or in case it is requested by the Managing Board or the Supervisory Board.
The Assembly shall have a quorum if it is attended by more than one half of the overall number of its members.
The Assembly shall make decisions by the majority vote of the present members.
Article 22
The Assembly shall elect a chairman and one vice chairman of the Assembly.
The Chairman of the Assembly shall be elected for a four-year term with a possible of renewal of the term.
The Chairman of the Assembly of the Association shall convene sessions of the Assembly, chair sessions and ensure the implementation of the decisions taken by the Assembly.
The Vice Chairman of the Assembly shall assist the chairman in executing the tasks from his or her scope of responsibility.
In case of incapacitation or absence of the chairman of the Assembly, he or she shall be replaced by a vice chairman or the chairman of the Managing Board or the person authorized by the chairman of the Assembly.
The Chairman of the Assembly shall be at the same time the President of the Association.
Article 23
The manner of work of the Assembly, vote, decision - making, sending out invitation letters to the Assembly session and other issues relevant to the work of the Assembly shall be regulated in the Rulebook on the work of the Assembly.
Article 24
The Association Assembly and the Managing Board may open by their decision offices within Bosnia and Herzegovina as may be needed by the Association and according to the interests in its activity and form permanent and ad hoc commissions - committees and other working bodies for the purpose of implementing the goals of the Association.
The members of the Association and the persons who can contribute to the successful work of the commissions - committees and the working bodies of the Association may be selected to the commissions-committees referred to in paragraph 1 of this Article.
The number of members of the commissions - committees and working bodies, the duration of their term, specific tasks and the mode of work shall be regulated by the decision on their formation.
2. MANAGING BOARD OF THE ASSOCIATION
Article 25
The Managing Board is an executive body of the Assembly.
Article 26
The Managing Board shall consist of its chairman, vice chairman and three members elected for a 4 year term and dismissed by the Association Assembly. The term may be renewed.
Article 27
The Managing Board shall meet as and when needed and at least once in two months. The Managing Board may take decisions of more than one half of its members are present.
Article 28
The Managing Board shall :
• Prepare sessions of the Assembly,
• Prepare and propose draft amendments to the Statute and other documents to be approved by the Assembly,
• Implement policy, conclusions and other decisions taken by the Assembly,
• Manage the assets of the Association,
• Follow the implementation of the financial plan of the Association and take decisions on use of the funds,
• Submit annual and periodical reports on its work to the Assembly,
• Elect, appoint and dismiss members of the commission - committees and working bodies, delegates of the Association to the bodies for the management of business associations, other associations and fora,
• Carry out any other business envisaged by the statute and the decisions of the Assembly.
Article 29
The chairman of the Managing Board of the Association shall be elected by the Assembly.
The term of the chairman of the Managing Board shall be 4 years and may be renewed.
The function of the chairman of the Managing Board is voluntary. In accordance with the possibilities of the Association, the Association Assembly may appoint a professional chairman of the Managing Board.
Article 30
The chairman of the Managing Board of the Association shall execute the following tasks :
• Convening of the session of the Managing Board and chairing sessions and ensuring the implementation of the decisions from within the scope of the Managing Board,
• Representing and acting on behalf of the Association in legal matters,
• Signing all financial documents,
• Preparing and proposing plans and programmes for the work of the Association,
• Signing all documents and decisions and other written documents from within the scope of responsibility of the Managing Board,
• Taking part in establishing and developing cooperation with other organizations, associations and institutions,
• Signing of financial documents,
• Informing the public about the work and results of the Managing Board,
• Carrying out any other duties in accordance with the conclusions and instructions by the Assembly and the Managing Board of the Association.
Article 31
The term of the chairman and the members of the Managing Board may be terminated prior to the expiry date by :
• Resignation,
• Dismissal.
The initiative to dismiss a member of the Managing Board may be launched by one third of members of the Assembly or the chairman of the Assembly.
Article 32
The Managing Board shall be responsible to the Association Assembly and shall submit to the Assembly its reports on work at least once a year.
3. PRESIDENT OF THE ASSOCIATION
Article 33
The President of the Association is also the Chairman of the Assembly of the Association and shall report to the Assembly.
Article 34
The President shall be elected for a 4 (four) year term and may be re - elected.
Article 35
The President of the Association shall :
• Ensure legality of the work of the Association,
• Take part in preparing and managing the work of the Assembly of the Association,
• Implement policy, conclusions and other decisions taken by the Assembly,
• Represent the Association in public and inform the public about the work and results of the Association,
• Take part in preparing, proposing and implementing the work programme of the Association,
• Prepare and propose measures and activities for the development and improvement of the work of the Association,
• Sign documents and decisions from within the scope of the Assembly of the Association,
• Establish and maintain cooperation with other organizations, associations and institutions,
• Carry out any other duty in compliance with this Statute.
Article 36
The President of the Association shall report to the Assembly of the Association.
VI PROPERTIES OF THE ASSOCIATION, USE AND MANAGEMENT
Article 37
Properties of the Association shall be the rights, assets and funds that the Association acquires in accordance with the law and this Statute.
Association shall be liable to third parties with its entire property.
Article 38
The Association may acquire properties from the following sources :
• Donations,
• Membership fees,
• Sponsorships,
• Grants and gifts by public institutions, individuals and legal entities, in cash, property and services,
• The funds allocated from the budget, state subventions, contracts with the state, public institutions,
• Revenues earned by implementing the goals of the Association.
Article 39
The Association may carry out an economic activity in accordance with the law for the purpose of implementing the goals established in Article 5 herein.
A special legal entity may be established in accordance with the law for the execution of the direct economic activity or the activity which is not related to the goals of the Association.
Article 40
The Managing Board shall decide on acquisition of revenues, use of properties and management of the funds of the Association in accordance with this Statute and the Association legislation.
Article 41
The Association shall keep properly the business books in accordance with the accepted accounting principles and draw up financial reports in accordance with the current legislation.
Article 42
The Managing Board shall at least once a year present to the Assembly of the Association a report with the data about the properties of the Association, use of properties, revenues and expenditures of the Association and any other issue of importance to the management of properties and financial operations of the Association.
Article 43
The persons authorized to sign documents related to the acquisition and management of properties of the Association and financial operations shall be:
President of the Association and
Chairman of the Managing Board.
Article 44
Every member of the Association may have access to the business books and other documentation related to property and financial operations of the Association.
The implementation of the right referred to in the preceding paragraph shall be ensured by the Managing Board no later than 15 days from the day of receipt of the written request by a member of the Association.
VII TRANSPARENCY AND OPENNESS
Article 45
The work of the Association shall be public.
The openness of the work of the Association shall be realized in the manner as defined by the law and this Statute.
Article 46
The bodies of the Association shall make data, information and documents related to the work of the Association accessible to the authorized representatives of the media.
The representatives of the media may attempt the sessions of the bodies of the Association and report on the work of these bodies.
Article 47
The members of the Association may be regularly informed about the work of all the bodies of the Association.
Article 48
Exceptionally, the by-law issued by the Managing Board may define that some information, data and documents are classified as a business secret and when they will be considered in a private session.
The same by - law may also define the persons responsible for use and protection of the information classified as a business secret.
The data which are public under the law and other regulations and the data on violations of law and regulations may not be treated as confidential.
VIII SHAPE AND CONTENT OF THE ASSOCIATION
Article 49
The Association shall have its seal.
The seal of the Association shall be round in shape of a 30 mm diameter with a logotype (sign) in the middle and the text written in the Bosnian language, Latin script - " Istraživačko dokumentacioni centar " Sarajevo and the identical text in English - " Research and Documentation Center " Sarajevo.
The Association shall have its logotype - sign.
The sign symbolizes a stylized letter " V " which is the fist letter of the English word " Victim ". Besides, the slant lateral beam on the left symbolizes support as the letter " V " leans against it, and with a small circles above it, it reminds of the man in a reclining position, which in turn is a symbol of support and assistance that the Association will provide.
The color of the symbol is silver - gray.
IX REPRESENTATION AND ACTING ON BEHALF OF THE ASSOCIATION
Article 50
The President of the Association shall represent the Association in public and in communication with the bodies and organizations with which the Association maintains cooperation.
Article 51
The Association shall be represented in legal matters by the Chairman of the Managing Board.
The Chairman of the Managing Board shall obtain the prior approval from the Managing Board and the President of the Association for the matters in which the real estate of the Association is to be confiscated or placed under obligation and in which liabilities exceed 10,000 KM.
Article 52
In the procedures in which the Association participates as a party for the purpose of realizing its own rights, duties and responsibilities before the responsible bodies, the chairman of the Managing Board may issue a written power of attorney to a lawyer or another professional.
X CONDITIONS AND PROCEDURE FOR PREPARATION, SEPARATION,
TRANSFORMATION OR CESSATION OF WORK OF THE ASSOCIATION
Article 53
The Association may join another Association.
The Association may be separated into two or more associations.
The Association may be transformed to the association of a public interest.
Article 54
The decision to merge, separate or transform the Association shall be made by the Association Assembly at the proposal by the Managing Board and the President of the Association.
Article 55
The decision referred to in the preceding paragraph of this Statute shall be considered as adopted at the session of the Assembly when it is approved by more than one half of the overall number of the members of the Association.
Article 56
The Association may cease to carry out its activities voluntarily or by force of law.
Article 57
The Association shall cease to carry out its activities voluntarily if it is decided by a two-thirds majority of the founders of the Association referred to in Article 2 of the Joint Agreement on the Establishment of the Association.
XI RULES GOVERNING THE DISTRIBUTION OF THE REMAINING
PROPERTIES IN CASE OF CESSATION OF ACTIVITIES
Article 58
Simultaneously with the decision to dissolve the Association, the Assembly shall adopt a liquidation plan defining the distribution of the properties, rights and responsibilities of the Association.
The Assembly shall appoint an estate administrator of the Association whose responsibility is to ensure the implementation of the liquidation plan and he or she shall be authorized to represent the Association in the liquidation procedure and to file an application for cessation of activities by the Association to the responsible authorities.
Article 59
During the liquidation procedure all legal obligations and the obligations toward other creditors of the Association shall be reconciled from the properties of the Association and the remaining property, if any, shall be distributed equally to all members of the Association proportionately to their participation in the procurement.
XII PROCEDURE FOR ADOPTION OF THE STATUTE, AMENDMENTS TO THE
STATUTE AND OTHER PIECES OF LEGISLATION OF THE ASSOCATION
Article 60
The basic act of the Association is the Statute.
The by - laws of the Association are:
• Rulebooks,
• Decisions,
• Rules of procedure.
The by-laws must be in compliance with the law and the Statute of the Association.
Individual by-laws are decisions, rulings, conclusions, instructions and opinions.
Article 61
All the by-laws of the Association shall be made in cases which are explicitly defined by law, Statute and in other cases in which the issues relevant for the implementation of the goals of the Association are to be regulated in a general way.
Article 62
The minutes shall be taken at the meetings of the managing bodies of the Association and its commissions - committees.
The minutes must be correct and reflect accurately the process of work and the substance of all decisions and positions taken.
The minutes shall be signed.
Article 63
The initiative for amending the Statute may be launched by every member of the Association.
The initiative shall be launched to the Managing Board, in writing and with the appropriate explanation.
Article 64
The proposal for amendments to the Statute shall be defined by the Managing Board.
The proposal shall be presented to the Assembly of the Association in writing and with the appropriate explanation at least 30 days prior to the date of the Assembly session.
Article 65
The Assembly shall decide on the amendments with the majority vote of the overall number of members of the Association.
Article 66
The Chairman of the Assembly shall sign decisions amending the Statute which will be considered as originals and shall be kept in the archive of the Association.
XIII TRANSITIONAL AND CONCLUDING PROVISIONS
Article 67
This Statute shall become effective on the date of its adoption by the Constituent Assembly of the Association and shall apply as from the date of entry of the Association in the Register kept in the responsible Ministry.
Sarajevo, 4 March 2004 Chairman of the Assembly
Number: 03/04
Mirsad Tokaca
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