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Chechen Human Rights Association VAYFOND

CHARTER OF THE ASSOCIATION VAYFOND

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§ 1 General provisions

1.1 The Vayfond Association is an international voluntary non-profit public association of representatives of the Chechen people, Chechen organizations and communities in the countries of the European Union and member states of the Council of Europe.   

1.2 Full name:

– in Chechen: Вайфонд

– in Swedish: VAYFOND

– in English: VAYFOND

– in Russian: Вайфонд

1.3 The founders of the organization are physical persons representing Chechen people who are not members of political parties and (voluntary, non-profit and other) associations. 

1.4 The Association carries out its activities in accordance with the provisions of the Universal Declaration of Human Rights; regulations of the European Union; the Constitution of the Kingdom of Sweden and legislation of the countries of the mentioned region; the Civil Code of the Kingdom of Sweden; other laws of the Kingdom of Sweden applicable to non-profit organizations; international agreements, treaties and conventions related to human rights, culture and public organizations activities relevant for the Association’s activities; as well as this Charter.

1.5 The Association interacts with government structures in accordance with the territory of its activities, as well as with public, human rights, cultural and educational organizations, associations and foundations (including international ones) and other legal entities and individuals whose activity contributes to completion of the Association’s missions.

1.6 The Association is entitled to create branches and open offices and outlets. 

1.7 Legal address of the Association:

The Association is registered in Norrköping city, Norrköping municipality, Östergötland province, Sweden. Postal address: BOX 5016, SE-60005 Norrköping

§ 2 Goals and objectives of the Association

2.1 The Association was founded to implement further activities:

– promote the satisfaction of interests (public, cultural, national and religious) and needs of the Chechen people and Chechen communities;

– protecting and defending human rights;

– represent interests of the Chechen people in governments and international organizations.

2.2 The Association focuses on the following objectives:

– vindication of human rights, providing assistance to those Chechens and other representatives of Northern Caucasian peoples who are illegally persecuted for (including, but not limited to) political and religious reasons;

– promoting the development of tolerance, resisting nationalism, racial and religious intolerance;

– promoting the civil and linguistic integration of refugees;

– fostering preservation of the Chechen material and spiritual heritage;

– promotion of involvement of the Chechen youth into Association’s projects and programs; development of youth leadership;

– promoting the development of cultural and educational projects;

– fostering (by legal means and within the geographic reach) the updating of the current legislation in order to make it more compliant with modern democratic patterns.

2.3 In order to reach its goals and accomplish its objectives, the Association:

– carries out cultural exchange, organization, conduct and support of cultural events;

– organizes interactions between national and religious communities – meetings, conferences;

– assists in literacy training and education;

– organizes and provides language courses;

– organize and stage workshops and conferences;

– cooperate with various academic, human rights, legal and other professional and public agencies;

– render assistance to Association members and persons requesting legal assistance from the Association in acquisition of professional and diligent lawyers and advocates, as well as provide further help in communication with lawyers during the official procedures in migration agencies and courts, and provide them with information support;

– develop and implement projects and programs that comply with the Association’s fields of concern;

– carry out other types of activities that correspond with the Association’s goals and objectives and do not contravene the law.

§ 3 Membership, support membership, monitors, right of vote

3.1 Founders of the Association are its members with the right to vote at the Association’s Annual Meeting from the day of Association’s registration at the Swedish Tax Agency (Skatteverket). 

3.2 The Association invites everyone who shares the purposes set by the Association and follows its Charter.

3.3 A member of the Association has neither share in the assets of the Association nor is responsible for the debts of the Association.

3.4 A person a legal entity wishing to join the Association shall submit an application to its Board as follows:

“I (name, city and ID number) would like to enter the Vayfond Association. I am aware of the Association’s goals and objectives and its Charter. Upon being taken as a member, I shall observe the Charter and abide by decisions taken at the Annual Meetings”.

An organization wishing to join the Association shall submit an application to its Board as follows:

“The organization (name, address and registration number) would like to enter the Vayfond Association. We are aware of the Association’s goals and objectives and its Charter. Subject to the decision taken at the organization’s general meeting, the following persons are the representatives of the organization in the Association: (name, address and ID number). Upon being taken as a member, we shall observe the Charter and abide by decisions taken at the Annual Meetings”.

– a candidate member of the Association shall attach a copy of his/her passport or another ID card, as well as recommendations from at least two other members of the Association, as an attachment to the application; a candidate organization-member shall attach a copy of its registration certificate, charter and minutes of the charter body meeting, at which the decision of joining the Association was taken and representatives in the Association were selected, as well as copies of passports or other ID cards of the representatives;

3.5 Decisions to accept or not accept a candidate to the Association shall be taken by the Board. The Board is entitled to accept a candidate as a member of the Association, place them on probation period (not more than 12 months) or deny the acceptance. In case of the Board’s denial, the candidate has the rights to appeal against the denial at the earliest Annual meeting, as well as to reapply not earlier that 12 months after the denial.

3.6 A support member is an individual or a legal entity that provides donations or allowances and that has voluntarily provided the Association with their contact details. Support members are regularly informed about the activities of the Association. 

3.7 A monitor is a non-member individual or a legal entity (organization) that shares the goals and objectives of the Association, promotes its development and regularly communicates with the Board.

3.8 Members of the Association have the right to vote at the Association’s Annual Meeting as soon as the decision to accept them as a member has been taken. The right to vote is personal and may be exercised through a representative. Association’s support members and monitors do not have the right to vote.

§ 4 Rights and obligations of Associations’ members, termination of membership, message communication

4.1 (A) A member of the Association has the right to participate and vote at every Annual Meeting (having one vote at each voting), as well as to elect and be elected as a member of the Board.

(B) A member of the Association has the right to participate in Association’s activities and get services from it.

(C) The Board has the right to set the amount of membership fees payable by all Association members. Such a decision shall be taken by the Annual Meeting.

(D) Termination of Association membership shall not relieve the resigned member from their money obligations to the Association arising before the membership was terminated.

4.2 Termination of membership

(A) The Association membership shall be terminated in the following cases:

(1) Death – for an individual being a member of the Association; dissolution – for a legal entity being a member of the Association;

(2) Withdrawal from the Association subject to written notice submitted to the Board 30 days prior;

(3) Expulsion from the Association.

(B) The Annual Meeting has the right to, subject to the Board’s suggestion, expel a member from the Association for one of the following reasons:

(1) The member’s failure to pay the amounts payable to the Association;

(2) Non-fulfillment of the provisions of the Charter and decisions taken by the Annual Meeting;

(3) Actions contravening the Goals and objectives of the Association;

(4) Recognition by an independent judicial body of a member of the Association guilty of a crime that is incompatible in its essence, degree and circumstances with membership in the Association. 

(C) The Board is not entitled to propose to the Annual Meeting to expel any member of the Association without granting them an appropriate opportunity to deliver their arguments to the Board; while expulsion under the circumstances set forth in sub-clauses (B) (1), (2) or (3) may be carried out only after the member has been warned and given a chance to right themselves.

4.3 Message communication

Invitations, requests, warnings and any other messages of the Association to its members shall be submitted in writing hand-to-hand, via e-mail or post to the address indicated in the register of the Association members. The address of a member of the Association shall be changed subject to their written request.

§ 5 The Board

The Association Board shall consist of at least three persons. The Board consists of the Chairman, Deputy Chairman and Executive Director. The board is appointed at each annual meeting by voting.

§ 6 Objectives of the Board

The Board represents the Association, monitors its interests and is responsible for its activities. The Board decides on behalf of the Association. The responsibilities of the Board include the execution of decisions taken at the annual meeting, management of financial affairs of the Association and keeping accounts. All decisions shall be recorded in the minutes. The Board meets on the notice of the Chairman or if at least two Board members so request. The Association’s signatory is the Chairman or the Executive Director separately. If there are special reasons for this, another person may be appointed an authorized signatory.

§ 7 Financial statements

The balance sheet and income statement are reported annually to the extent that the Association has incurred expenses or implemented other financial transactions during the year under report. The financial year shall be the calendar year from January 1 to December 31. The deadline for submitting the financial report is no later than March, 1 of the year following the reporting year.

§8 Annual meeting

Regular Annual Meeting, which is the Association’s highest decision-making body, is held annually before March 31, the time and place of the meeting shall be determined by the Board. A written notice shall be sent to all members of the Association not later than 10 calendar days before the regular Annual Meeting and not later than 7 calendar days before the extraordinary Annual Meeting.

At the regular Annual Meeting the following issues shall be considered:

  1. Election of Chairman and Secretary for the meeting;
  2. Establishment of the voting list for the meeting;
  3. Election of the person certifying the Minutes and the person conducting the vote count;
  4. The question of whether the meeting was properly convened;
  5. Establishment of agenda;
  6. (a) Annual report of the Board for the last year under report; (b) Administrative report of the Board (balance sheet and income statement) for the last reporting and financial year.
  7. Establishment of membership fees.
  8. Establishment of the activity plan and budget for the next reporting and financial year.
  9. Election of the Chairman of the Association for a period of two years.
  10. Election of other members of the Board for a period of two years.
  11. Consideration of the Board’s proposal and motions received in due time.
  12. Other issues.

§ 9 Extraordinary Annual Meeting

An extraordinary Annual Meeting is held when the Board finds it necessary or one of the Association’s members requires this through a written request to the Board. The request shall indicate the issue or issues that the members of the Association want the meeting to deal with. At the extraordinary Annual Meeting only the issues specified in the notice can be considered.

§ 10 Decisions, voting and quorum

Decisions are made by acclamation or if so requested, by voting.

Voting shall be open, except in cases where a secret ballot is to take place if someone so requests. The opinion with the most votes is considered to be the decision taken by the Board. With an equal number of votes, the Chairman shall have the casting vote.

Quorum requires the participation of the Chairman and 2 members of the Board.

§ 11 Charter amendment rules

The amendment of this Charter requires a decision of the Annual Meeting with at least 2/3 of the votes cast. Both members of the Association and the Board may make proposals on amendments to the Charter.

§ 12 Withdrawal

A member wishing to withdraw from the Association must notify the Board in writing and is therefore considered to have immediately left the Association. The decision to leave the Association of a legal entity must be approved by the relevant body of the respective legal entity.

§ 13 Dissolution of the Association

For the dissolution of the Association, a decision of the Annual Meeting is required with at least 2/3 of the number of votes cast. If the Association is dissolved, the Association assets must be handed over, by the decision of the General Meeting, to other activities with similar goals / charitable purposes, or distributed among the members of the Association.

§ 14 Customer Relations

Relations between clients (persons seeking support) and employees of the Association are regulated by the Regulation “On the provision of material assistance, legal and social support” in order to avoid conflict situations and misunderstandings between the parties.