Statutes

Statutes of the German Institute for Human Rights, a registered Association  

(Revised version dated 25 February 2009)

Preamble

All states and societies worldwide are required to give high priority to protecting and promoting human rights, as called for emphatically in the Paris Principles adopted by the United Nations General Assembly in 1993 which called for the establishment of independent national human rights institutions (Resolution 48/134).

The Committee of Ministers of the Council of Europe in 1997 likewise recommended the establishment of independent national institutions for the promotion of human rights (Recommendation R (97) 14). The aim is to safeguard and develop the comprehensive system of protection that has evolved in Council of Europe member states on the basis of the European Convention on the Protection of Human Rights and Fundamental Freedoms. National human rights institutes are intended to make an important contribution towards achieving this aim.

Conscious of its responsibility for policies to protect human rights in Germany and abroad, the German Federal Parliament (Deutscher Bundestag) resolved unanimously on 7 December 2000 to establish an independent German Institute for Human Rights (Bundestag Printed Paper 14/4801). As an institution of civil society in relation to existing governmental and non-governmental institutions, it is to play an important role as a mediator and catalyst and to support and interlink the work of those institutions.

I. General Provisions

II. Organs of the Association

III. Duty to Obtain Approvals and Issue Notifications

 

 

I. General Provisions

§ 1
Name, Registration, Registered Office, Financial Year

1. The Association’s name is Deutsches Institut für Menschenrechte [German Institute for Human Rights], or DIMR for short.

2. The Association is to be registered in the register of Associations. After registration it will add the letters "e. V." [eingetragener Verein = registered Association] to its name.

3. The Association’s registered office is in Berlin.

4. Its financial year is the calendar year.

§ 2
Aims and Tasks

1. The Association shall inform on the situation of human rights in Germany and abroad and contribute toward the prevention of human rights violations and towards the promotion and protection of human rights.

2. The Association shall realise its aims by carrying out the following tasks in particular:

(a) Information and documentation:
It shall keep an internet-based record of existing databases with the aim of improving access to information for members of parliament, government departments, non-governmental organisations, scientists, journalists, legal practitioners and the interested public. In addition it shall provide access to JURIS [Juristisches Informationssystem für die Bundesrepublik Deutschland/legal information system for the Federal Republic of Germany] and provide computer based access to library networks in Germany. It is also planned to set up a specialist presence library with a collection of fundamental works, treaties, case law, resolutions of international human rights protection bodies and parliamentary resolutions on human rights.
In particular, it will include records of
- Multilateral treaties and conventions (inter alia of the United Nations, the Council of Europe and the OSCE),
- Case law (European Court of Human Rights, European Court of Justice, international tribunals, and also treaty bodies),
- Resolutions of bodies of the United Nations and of the Council of Europe,
- Parliamentary resolutions and other documents of the European Parliament, the Council of Europe's Parliamentary Assembly and the German Bundestag,
- Accounts of human rights situations, developments and problems in Germany and abroad.

(b) Research:
The Institute's research shall contribute towards developing competences for human rights work. Prompt publication of studies that can be used to work out strategies to prevent, avoid and cope with situations that violate human rights will be especially helpful in furthering this aim. The Institute shall collaborate with existing academic institutions, to which commissions may also be awarded (in the capacity of auxiliaries as defined in § 57 of the German Fiscal Code), with other agencies that advise on policy and with political foundations, with the aim of generating valuable synergy effects.

(c) Policy advice:
The Institute's practice-oriented focus will enable it, inter alia, to advise representatives of politics and society on human rights issues and to recommend strategies for action. It may do this on its own initiative or by request. Academics and politicians should engage in continuous dialogue and exchanges of views on human rights issues. Events organised by the Human Rights Institute can assist this dialogue.

(d) Human rights-related educational work in Germany:
Access to information is important. No less important is anchoring the significance of human rights emotionally in hearts and minds at an early stage so as to contribute towards encouraging the general public in Germany to take a critically enlightened view of human rights. Human rights-related educational work is to be carried out primarily by providing second-line support to other institutions. The Institute can be involved, inter alia, by way of
- Its establishment as a national coordinating centre for human rights education in line with United Nations guidelines set out in Document A/52/469 Addendum 1,
- Drawing up teaching programmes and materials for human rights education in sensitive areas such as police authorities, prison services and psychiatric establishments,
- Drawing up ideas for school curricula,
- Involvement in developing competences in human rights-related issues and themes for experts engaged in civil conflict resolution,
- Human rights-related events, seminars and symposia.

(e) International cooperation:
The Institute will be active abroad if this is required in order to properly fulfil its responsibilities and in order to exchange experience and knowledge on human rights. Possible areas of work are in the field of civil society and government administration, focusing mainly on collaboration with existing government and non-government agencies. Simultaneously, the Institute’s international work will consist of interaction with other comparable institutions abroad and of content-related support and monitoring of the EU, the Council of Europe, the OSCE and UN human rights mechanisms.

(f) Promotion of dialogue and cooperation in Germany:
The governmental and non-governmental institutions and organisations involved with human rights in Germany have various specific forms of organisation, areas of expertise and working methods. Without changing tried and trusted structures, in addition to the duties outlined above, the Human Rights Institute could in the medium term act as a catalyst and reinforce human rights work by means of communication and public relations work. The purpose of doing so would be to heighten awareness of the need for thinking and action on human rights.

3. In addition, the Association carries out the function of the independent monitoring agency under art. 33 par. 2 of the UN Convention on the Rights of Persons with Disabilities.

§ 3
Status

The Association is politically independent. It acts on its own initiative and independently of any requirements and instructions from the German Federal Government or other public and private agencies. The majority of members of its governing bodies will be representatives of civil society. They are to reflect the plurality of views of government and non-government agencies concerned with human rights issues and the Institute's comprehensive remit.

 § 4
Charitable Status, Application of Funds

1. The Association pursues the solely and directly charitable aims of promoting science and research and learning and education, as laid down in the chapter of the Fiscal Code pertaining to purposes eligible for tax relief. The Association works altruistically. It does not primarily pursue aims that serve its own economic interest.

2. The Association’s funds may only be used for purposes that accord with its statutes. Members receive no shares of surpluses and in their capacity as members receive no other allowances from Association funds.

3. No person may benefit by way of expenses alien to the Association's aims or by way of disproportionately high remuneration.

4. Membership confers no entitlement to Association assets.

 
§ 5
Financing

1. The Association is financed from membership fees, public grants and private donations.

2. The Association may acquire assets to promote its aims. Third-party allowances intended for this purpose will accrue to the Association's assets.

 
§ 6
Appropriation of Assets

1. If the Association is disbanded or if the aims that make it eligible for tax relief are discontinued, its assets will accrue to the German section of amnesty international (amnesty international Sektion der Bundesrepublik Deutschland e. V.), which must use them directly and exclusively for the tax relief-eligible aims of promoting science and research and learning and education.

2. Resolutions on the future application of Association funds may only be implemented with the tax authority's consent.

 

II. Organs of the Association

§ 7
Organs of the Association

1. The Association's organs are
- The General Assembly,
- The Board of Trustees,
- The Board of Directors,
- Advisory boards that may be appointed as and when required for a specific subject or project.

2. Simultaneous membership of the Board of Trustees and the Board of Directors is inadmissible. The only exception is in respect of members of the Board of Directors who are appointed by the Founding Assembly in accordance with § 31 Paragraph 3.

§ 8
Membership

1. The nine founding members of the Association are
- Three persons nominated by the FORUM MENSCHENRECHTE [Forum Human Rights],
- Two members of the German Bundestag's Committee on Human Rights and Humanitarian Aid,
- Three independent persons, with links to international organisations, academia and the media respectively,
- One person nominated by the German Federal Government.

2. Full members of the Association may be natural or legal persons who have demonstrated their commitment to the protection and promotion of human rights in a professional or voluntary capacity. They are obliged to pay a membership fee, the level and payment date for which are as specified by the General Assembly in a list of membership fees.

3. Sponsoring members without voting rights may be natural or legal persons who provide money, grants in kind or unpaid services to the Association without an ongoing obligation to pay fees.

 § 9
Admission to Membership

1. The Board of Trustees decides whether to admit full and sponsoring members on the basis of applications in writing.

2. A Board of Trustees' decision to admit a member must be confirmed at the next General Assembly. If confirmation is refused the membership is terminated.

 § 10
Termination of Membership

1. Membership is terminated:
- If the Board of Trustees’ decision to admit a member is not confirmed,
- On the death of a member or the liquidation of a legal person,
- On expulsion from the Association or
- On resignation.

2. Members may only resign by sending a written statement to the Board of Directors serving three months’ notice to the end of a financial year.

§ 11
Expulsion of a Member

1. By resolution of the Board of Trustees, a member may be expelled for damaging the Association’s reputation or interests or for other substantial reason.

2. Before the resolution is passed the member must be given the opportunity to make a statement in person or in writing within an appropriate time limit.

3. The Board of Trustees must state the grounds for expulsion and notify the member of them in a registered letter.

4. The expelled member may appeal against the decision within one month of receiving it by applying in writing to the Board of Trustees for the decision to be referred to the General Assembly. Within three months of receiving the notice of appeal the Chair of the Board of Trustees must convene the General Assembly to decide on the expulsion. If he/ she fails to convene the assembly in time, the Board of Trustees’ decision to expel the member will be null and void.

5. On notification of exclusion, all positions held by the member in the Association cease.

§ 12
Duties of the General Assembly

The General Assembly has the following duties:

1. To make recommendations on principles of the Association's work,

2. To take decisions on amendments to the statutes,

3. To accept the financial statements and annual report,

4. To take decisions on discharging the Board of Directors,

5. To confirm decisions by the Board of Trustees on admitting new members,

6. To decide on appeals by expelled members against expulsion decisions by the Board of Trustees,

7. To elect the six additional members of the Board of Trustees who are not otherwise specified in the statutes. In electing these six members by secret ballot the Institute’s diverse areas of activity must be taken into account, as must ideological and political plurality. Members are elected by the majority of votes cast,

8. To lay down membership fee rates and due dates for payment in a list of membership fees.

9. To appoint the treasurer.

§ 13
Ordinary General Assembly

1. The Chair of the Board of Trustees convenes at least one Ordinary General Assembly each year. This must be held by no later than six months after the end of a financial year and will be chaired by the Chair of the Board of Trustees.

2. Members must receive a written invitation to the assembly, stating the place, time and provisional agenda, at least six weeks before the date of the assembly. This period is to be calculated from the date the invitation is sent. The member will be deemed to have received the letter of invitation if it was sent to the last address of which the member informed the Association.

 § 14
Motions for the General Assembly

1. Motions for the Ordinary General Assembly must be submitted by no later than three weeks in advance of the meeting with a written statement of reasons. This does not apply to motions to amend existing motions.

2. The Chair of the Board of Trustees will send the final agenda to members by no later than two weeks before the Ordinary General Assembly.

§ 15
Extraordinary Membership Assembly

1. The Chair of the Board of Trustees may convene an Extraordinary General Assembly, which he/ she will chair.

2. The Chair of the Board of Trustees is obliged to convene an assembly if at least half the members of the Board of Trustees or a quarter of all members of the Association or of those members with voting rights request an extraordinary assembly in writing, stating the purpose and reasons. In this event members must receive a written invitation stating the place, time and agenda at least four weeks before the date of the assembly. This period will be calculated from the date the invitation is sent.

3. § 14 applies accordingly.

§ 16
Voting Rights and Majority

1. Each full member has one vote at the General Assembly. A full member may only appoint one other full member as proxy and each full member may only exercise a proxy vote for one other full member.

2. All decisions of the General Assembly are taken by a majority of the members with voting rights present unless the statutes stipulate otherwise.

 
§ 17
General Assembly Quorum

The General Assembly is quorate if the invitation to the assembly was sent in due form and on the due date. The invitation must include reference to this fact.

 § 18
Amendments to the Statutes

1. Decisions on the amendments to the Statutes can only be taken if they have been, as a separate issue, put on the agenda within the invitation to the General Assembly. The invitation must include both the up to then valid as well as the proposed new text.

2. Amendments to the Statutes require a majority of three quarters of the members with voting rights present and half of all members with voting rights.

3. If less than half of the members are present in a General Assembly the agenda of which includes proposed amendments to the Statutes, or if the General Assembly is cancelled for this reason, the Chair can convene another General Assembly after a period of at least four weeks. In this assembly, a decision on the proposed amendments can be taken with a majority of three quarters of valid votes of members with voting rights present. The invitation must be in conformity with the requirements laid down in § 18.1 and make reference to this special procedure.

4. Amendments to the aims of the Association require a majority of four fifths of all members with voting rights.

§ 19
Supplementary Agenda Items

The agenda may be supplemented during the General Assembly by urgent motions. This does not apply to motions to amend the Statutes or to disband the Association. For a supplementary item to be added to the agenda, two thirds of the members with voting rights present must be in favour. No supplementary item is required for motions to amend existing motions.

§ 20
Minutes

Decisions taken by the General Assembly must be minuted and these minutes must be signed by the Chair of the Board of Trustees and the person who took the minutes. Dissenting views must be minuted on request.

§ 21
Attendance at General Assembly

1. Members of the Board of Trustees and the Board of Directors must be invited to Membership Assemblies. They should attend in an advisory capacity.

2. A member may not participate in discussion and voting on any subject in which he or she has a personal interest.

§ 22
Disbandment of the Association

1. The Association may be disbanded by decision of the General Assembly passed by a majority of three quarters of the members with voting rights present and half of all members with voting rights.

2. Notwithstanding § 13.2 and § 15.2 the Board of Trustees must send a written invitation to the Member Assembly that is to vote on disbandment two months in advance of the meeting.

3. As proof of invitation the Board of Directors may assure the General Assembly that at the instigation of the Chair of the Board of Trustees they sent members an invitation stating the agenda by registered post.

4. In the event that the Association is to be disbanded the General Assembly will appoint liquidators.

§ 23
Duties of the Board of Trustees

1. The Board of Trustees has the following duties:

(a) To decide on the admission of full members in accordance with § 8 Paragraph 2 in conjunction with § 9 and of sponsoring members of the Association in accordance with § 8 Paragraph 3 in conjunction with § 9 and to take decisions on the expulsion of a member in accordance with § 11,

(b) To appoint and dismiss the Board of Directors and to supervise the work of the Board of Directors,

(c) To represent the Association to the Board of Directors judicially and extrajudicially,

(d) To adopt guidelines for the Institute's work,

(e) To adopt medium- and long-term plans drawn up by the Board of Directors,

(f) To adopt business, financial, staffing and investment plans drafted by the Board of Directors,

(g) To approve the financial statements and the annual report of the Board of Directors and make recommendations to the General Assembly concerning the discharge of the Board of Directors,

(h) To approve decisions of the Board of Directors and actions of fundamental significance before they are carried out,

(i) To issue Standing Orders for the Board of Trustees and the Board of Directors,

(j) To appoint and recall members of advisory boards set up for specific subjects or projects.

2. The Standing Orders for the Board of Trustees specify the types and levels of legal transactions that require its approval in accordance with § 23.1(h). In exceptional cases, approval may be obtained by written consent in lieu of a board meeting.

3. By request of the Chair or the Board of Trustees the Board of Directors must inform him/ her or it of all matters pertaining to the conduct of the Institute's business.

§ 24
Members of the Board of Trustees

1. The Board of Trustees comprises 13 members with voting rights:

(a) Three representatives of the FORUM MENSCHENRECHTE [Forum Human Rights],

(b) Two members of the German Federal Parliament's Committee on Human Rights and Humanitarian Aid,

(c)  One representative appointed by the Office of the Federal Government Commissioner for Migration, Refugees and Integration,

(d) One representative delegated by the German Disability Council,

(e) Six further representatives elected by the General Assembly, of which at least one must be a representative of academia.

2. In addition, the Board of Trustees has 5 members without voting rights, comprising one representative each of the Federal Foreign Office, the Federal Ministry for Justice, the Federal Ministry for Economic Cooperation and Development, the Federal Ministry for Labour and Social Affairs as well as a representative nominated by the Bundesrat [the Second Chamber of the German parliament that represents the federal states].

3. Members of the Board of Trustees are appointed for a four-year term. As the sole exception, members of the Board of Trustees appointed under § 24.1(d) by the Founding Assembly serve only until the first General Assembly.

4. All by-elections or subsequent appointments that prove necessary will be for the remainder of the relevant electoral term.

5. A Board of Trustees member may only appoint one other member of the Board of Trustees as proxy, and each member may only vote as proxy for one other member.

6. Members of the Board of Trustees serve in a voluntary capacity. If necessary, expenses incurred will be reimbursed in accordance with German Travel Expenses Act (Bundesreisekostengesetz) regulations.

§ 25
Election of the Chair of the Board of Trustees

The Board of Trustees elects from among its members a Chair and two Deputy Chairs for a four-year term.

§ 26
Duties of the Chair of the Board of Trustees

In addition to the duties laid down elsewhere in the Statutes, the Chair of the Board of Trustees has the following duties:

1. To represent the Association, without prejudice to the Board of Directors’s legal powers of representation.

2. To convene and chair meetings of the Board of Trustees.

3. To represent the Board of Trustees in the periods between meetings.

4. If Board of Directors decisions requiring the approval of the Board of Trustees cannot be postponed, to grant approval on behalf of the Board of Trustees. In this event he must inform the Board of Trustees without delay.

5. In certain urgent cases the Chair may obtain decisions of the Board of Trustees by written consent in lieu of a meeting. The Chair will conclude that the Board of Trustees has passed a resolution if the majority of Board of Trustees members with voting rights have given their written consent.

6. The Chair may attend meetings of committees and advisory boards.

 
§ 27
Meetings of the Board of Trustees

1. The Board of Trustees holds at least two meetings each year. Meetings are convened by the Chair, or if he/ she is incapacitated by one of the two Deputy Chairs. A meeting must be convened if one third of the members of the Board of Trustees or one third of full members of the Association request this in writing.

2. The Board of Trustees takes decisions by the majority of the votes cast by members with voting rights present. In the event of a tied vote the Chair will have the casting vote. Decisions concerning the admission of members to the Association in accordance with § 23.1(a) must be adopted by a majority of two thirds of members of the Board of Trustees with voting rights. The Board of Trustees is quorate if at least six members with voting rights are present.

3. To prepare its meetings, the Board of Trustees may form committees from among its members.

4. No members of the Board of Trustees may take part in discussions and votes on matters in which they have a personal interest.

5. Members of the Board of Directors take part in meetings of the Board of Trustees in an advisory capacity, except in connection with their own appointment or dismissal or in discussions on matters in which they have a personal interest. The Chair may also invite other persons to meetings of the Board of Trustees.

6. Decisions taken by the Board of Trustees must be recorded in writing and these minutes must be signed by the Chair of the Board of Trustees and the person who took the minutes. On request, dissenting views must be minuted.

 § 28
Advisory Boards

The Board of Trustees may appoint advisory boards as and when required to advise it and the Board of Directors on specific subjects and projects. The Board of Trustees will specify the composition, duties and working method of these advisory boards in Standing Orders.

§ 29
Annual Report and Financial Statements

After the end of each financial year the Board of Directors must without delay draw up the annual report and financial statements, with written clarifications. The financial statements to be approved by the Board of Trustees are audited by the treasurer and submitted to the General Assembly for the purpose of discharging the Board of Directors.

§ 30

Duties of the Board of Directors

The Board of Directors represents the Association judicially and extrajudicially. It conducts the Institute’s business. Further details are laid down in the Standing Orders for the Board of Directors.

 
§ 31

Composition of the Board of Directors

1. The Board of Directors as defined in § 26 of the German Civil Code (Bürgerliches Gesetzbuch) comprises a chair and deputy chair, only one of whom should be a lawyer. One of the two positions should be filled by a woman.

2. Members of the Board of Directors are authorised to represent the Association alone. In the event of differences of opinion between them the Chair will decide.

3. The Founding Assembly initially elects two persons from among those attending to serve as Chair and Deputy Chair. These represent the Association in a voluntary capacity until successors are appointed on the basis of job advertisements that are to be put in train promptly.

4. Thereafter the Board of Trustees appoints a chair and deputy chair, each on the basis of job advertisements, who then have the titles Director and Deputy Director. Each appointment will be for a period of four financial years. Reappointments are permissible.

5. If the Board of Directors Director or Deputy Director stands down prematurely, the Chair of the Board of Trustees may appoint a temporary replacement until a successor has been appointed.

 

III. Duty to Obtain Approvals and Issue Notifications

§ 32
Tax Authority

Decisions whereby a statutory provision material to tax relief is retrospectively altered, amended, added to or deleted from the statutes must be reported to the relevant tax authority for approval and may only be implemented with the tax authority’s consent.

§ 33
Register of Associations

Decisions on amendments to the statutes or on disbanding the Association must be reported to the competent district court for entry in the register of Associations.

Berlin, 25 February 2009