Statute

STATUTE

of the “Joint Working Group for the Implementation of International Human Rights Standards”

I. General Provisions

1.1. Social Union “Joint Working Group for the Implementation of International Human Rights Standards” (it will be called the Union) is a non-governmental organization which has been joined on common interests and established on the principles of equality and voluntariness. The main goal of the Union is not earning income and the earned income is not divided between its members; its activity covers the whole country.
1.2. The Union conducts its activity based on the Constitution of the Republic of Azerbaijan, the Law on “Non-governmental organizations (social unions and foundations)” of the Republic of Azerbaijan, the other normative-legal acts and this Status.
1.3. The Union has gained legal person status since it` got its state registration in the Ministry of Justice of the Republic of Azerbaijan.
1.4. The Union has its independent balance, seal with its name on it, stamp, account in the banks of the Republic of Azerbaijan and the other properties.
1.5. Legal address of the Union: Baku city, Nasimi district, Azadliq Avenue 91, apart 5.

II. Goals and Duties of the Union

2.1. The main goal of the Union is to provide protection of fundamental freedoms and rights in the Republic of Azerbaijan and assist protection of principal of law superiority by increasing the information and participation of the citizens in the control of social organizations and institutions.
2.2. In order to achieve its goals the Union is fulfilling the following duties:

• Conducting long-term projects and programs which can affect politically and socially local civil society by achieving the coordination of joint efforts of the government and NGO sector in order to protect human rights;
• Involving experts in the investigation process if the cases where the rights of Azerbaijan citizens are violated can not be investigated without the participation of foreign experts and authorities;
• Helping to increase the independency of court system by the means of legislative initiative;
• Providing citizens’ control on protection of human rights by law enforcement organs;
• Assisting improvement of officials’ professionalism in protection of human rights;
• Developing citizen’s monitoring and control function of law enforcement organizations;
• Organizing monitoring in prisons on human rights protection;
• Assisting increase of election transparency and improvement of election process;
• Assisting realization of the principle of freedom of speech and its values, increase independency of mass media.

2.3. In order to fulfill the duties mentioned in the Statues the Union:

• Shows legislative initiative leading to the appropriate changes in the direction of development of fundamental human rights and freedoms, independent court system and the principle of law superiority;
• Conducts various trainings, seminars, round tables and meetings, exhibitions, conferences, charitable marathons and the other cultural mass meetings on European standards of human rights for officials, employers of law enforcement bodies, prison officers, NGO representatives and citizens;
• Prepares reports on monitoring on the current situation in prisons and reformatories;
• Publishes various brochures and editions on human rights for temporarily detained people and prisoners to know their rights;
• Gives suggestions to executive bodies on amendments to the Election code and appropriate legislation in order to improve election process;
• Prepares NGO representatives as independent observers of election process; conducts monitoring on presidential, parliament and municipality elections;
• Conducts public enlightenment campaigns on getting public information, European standards of human rights, investigative journalism which is excessively important for media professionalism and journalists;
• Establishes publications in accordance with legislation, distributes freely the information about its activity and goals;
• Cooperates with state bodies and municipality organs of the Republic of Azerbaijan;
• Cooperates with the organizations from foreign countries, participates in the meetings of those organizations which are not against the interests and goals of the Union.

2.4. The Union can not participate in presidential election of the Republic of Azerbaijan, parliament election of Milli Majlis of the Republic of Azerbaijan and municipality elections.

III. Rights of the Union

3.1. Union has the following rights:
• To sign agreements on behalf of its name, have property and private property rights, have duties, be plaintiff or be defendant in court;
• To distribute freely the information about its activity;
• To establish the representations or branches in foreign countries and within the area of the Republic of Azerbaijan;
• To join various international non-governmental organizations, establish unions by joining based on volunteer principle, participate in establishment of the unions of juridical persons and join these unions;
• To open accounts in banks and do banking operations;
• To have independent balance, seal, stamp and the other properties;
• To conduct ownership activity due to the goals of the Status which are not prohibited in the legislation;
• To use the other rights defined with the legislation of the Republic of Azerbaijan.

IV. Property of the Union and Financial Activity

4.1. Buildings, installations, flats, equipment, stocks, financial resources, shares, valuable papers and the other kind of property which is not prohibited in the legislation to provide the activity of the organization mentioned in the Status can be the property of the Union;
4.2. The Union is responsible for its property. This property can only be privatized by the other entity due to the legislation of the Republic of Azerbaijan;
4.3. The sources of the Union property that can be formed are:

• Permanent membership rights or regular rights of Union members and founders;
• Property rights and endowments given voluntarily by offices, institutions, local and international organizations and citizens;
• Shares, loans, other capitals issues, incomes, dividends obtained from deposits;
• Incomes earned as a result of selling or using own property;
• Grants;
• Incomes earned from exhibitions, concerts and the other events;
• Incomes earned as a result of activity of the established institutions;
• The other incomes not prohibited by the legislation.

4.4. The Union members do not have special rights on the objects which are included to the Union property.
4.5. Due to the goals of activity and appointment of the Union property the Union has a right of property and right of disposal defined by the legislation of the Republic of Azerbaijan.
4.6. Resources entered to the Union account can not be spent.
4.7. The Union can’t give financial or the other kind of support to political parties.
4.8. The Union composes the financial, statistic and the other reports and presents them to state bodies according to the legislation.

V. Founders and Members of the Union, Their rights and duties

5.1. The founder of the Union can be a legal person (except state and local self governing organs) or a physical person over 18.
5.2. The founders have equal rights. Mutual relations, rights and duties of the founders are defined by the legislation, the treaty signed between them or this Status.
5.3. Any founder of the Union can leave the Union anytime without permission of the other founder.
5.4. Any legal (except state and local self governing organs) or physical person in the Republic of Azerbaijan can join the Union.
5.5. Legal persons are represented by several representatives defined by Union Administrative Staff.
5.6. Member admission to the Union is conducted by Union Administrative Staff.
5.7. For joining the Union written applications should be submitted to the Administrative Staff. The application is reviewed within a month. As a result of voting if the most of the administrative staff members show their positive opinion about this issue the applicant will be considered as an elected member of the Union.
5.8. The Union members will be presented membership cards affirmed by supreme organ of the Union.
5.9. The Union members have the following equal rights:

• To participate in administrative issues of the Union according to this Status and the other documents;
• To be elected for any leading organ of the Union and be represented in this organ;
• To participate in the events and activities organized by the Union;
• To apply to the Union for protection of their own interests and rights;
• To participate personally in any discussion on rights and duties of the Union, complain or object to appropriate organs of the Union.

5.10. The Union member can not be a member of two elective organs at the same time.
5.11. The Union member can only represent an organ which has been given an authority by appropriate organ of the Union and make a statement on behalf of it.
5.12. The Union members have the following duties:

• To obey the Union Status and also morals indicated in the Status;
• To fulfill the decision made by elective organs of the Union;
• To observe the requests of the Union;
• To participate in the Union meetings and events;

5.13. Membership fee of the Union is defined by Union Administrative Staff.
5.14. Membership can be revoked in the following cases:

• A member leaves the Union on his own will;
• A member is dismissed from the Union;

5.15. The Union member can be dismissed in the following cases:

• If he does something wrong damaging the reputation of the Union;
• If he avoids regularly from participating in the Union activity;
• If he acts against the goals of the Status;

5.16. A person can only be revoked from the membership by the decision of Union Administrative Staff.
5.17. Union member has a right to complain to the court or Supreme Executive organ of the Union about this decision.

VI. Organizational structure and Executive organs

6.1. The Supreme organ of the Union is General Meeting which is called at least once in a year.
6.2. General Meeting is called with an initiative of executive organ, one of the founders or the members of the Union.
6.3. Founders and members of the Union should be informed about the place and time of the Meeting 2 weeks in advance.
6.4. The authorities of General Meeting are:

• To admit of the Status and make amendments to it;
• To form the Union property and define the principles of usage;
• To establish executive and control organs of the Union and revoke the authority beforehand;
• To ratify annual report;
• To participate in the other organizations;
• To reorganize the Union and abolish it;
• To listen to the reports of the heads of executive power organ.

6.5. General Meeting is considered competent if most of the Union members participate.
6.6. The decisions on the issues discussed at General Meeting are made with a simple majority vote. Each member has a right to vote. To make decisions on amendments and changes to the Status and rearrangement of the organization 2/3 majority vote is required.
6.7. Chairman and Coordinators lead current activity of the Union.
6.8. Executive organ is consists of chairman and Coordinators.
6.9. Union Administrative Staff is a collegial executive organ and has the following authority:

• To admit to Union membership and exempt from membership;
• To give proposals and suggest projects;
• To establish the branches of the Union and open representations;
• To solve all problems not concerning exceptional authority of the other administrative organs.

6.10. If more than half of Administrative Staff members participate it is considered competent and decisions are made by a simple majority vote.
6.11. Administartve Staff Chairman and Coordinators are elected by the decision of General Meeting.
6.12. All members of Administrative Staff are elected for 2 years by General Meeting.
6.13. Chairman:

• Represents the Union, concludes treaties on behalf of the Union, gives power of attorney, organizes fulfillment of agreements of the General Meeting and Administrative Staff;
• Fulfills the other functions defined by the Status and General Meeting;

6.14. Commission on Control and Inspection of the Union is elected for 2 years by General Meeting.
6.15. Commission on Control and Inspection of the Union controls if the activity of officials and Union members is in line with the Status as well as the Union financial activity. The number of CCI members is defined by General Meeting. The decisions of CCI are made by a majority vote.
6.16. CCI has to review and reply to the appeals made by Union organs and members within a month.

VII. Revocation of the Union activity

7.1. The Union activity can be revoked by abolishing or reorganizing (joining, uniting, dividing, parting, overturning) its activity. The Union activity can be revoked in accordance with the legislation.
7.2. Revocation commissions are established according to the law on revocation of the Union activity. Since this time all authority regarding to the Union administration is passed to it. The revocation commission makes up a balance for revocation. During the revocation of the Union the left property after expenses of the budget and the demands of creditors are covered is used for the purposes of the Status according to the legislation; if it is not possible property is directed to the state budget. The union can be revoked according to Civil Code of the Republic of Azerbaijan and the other legislative acts.

VIII. The other conditions

8.1. The issues not covered by this Status are regulated by the legislation.
8.2. If provisions of the Status contradict the legislation in the future the provisions of the legislation will be implemented.
8.3. The financial year of the Union starts from the date it is registered and ends in December of the same year. The next financial year starts on January 1st and lasts till December 31.

Ünvan: M.Mirqasımov 4/41 Bakı AZ 1007, Azərbaycan

Tel/Fax : (+994 12) 441 09 24

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E-mail: [email protected]

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