Statutes
(this document has not yet been spell-checked in English)
Article 1. - An Association is constituted in the city of Madrid that will denominate AFAPREDESA and that will be governed by the effective Law of Associations and the present Statutes Given to the nature of their aims and vocation of this Association, destined to defend the human rights, specially of the prisoners, tortured and political disappear, AFAPREDESA adopts, within the plurality of the associative phenomenon, the form of nonGovernmental Organization, according to denomination coined by the United Nations.
Article 2. - The Association will always act of conformity and within the frame of the principles consecrated in the Universal Declaration of the Human rights, promulgated by the UN and in the Letter of the Rights of the Man and the Towns, adopted by the Organization for African Unidad (OUA).
Article 3.- the main address of the Association will be in the city of Madrid, street Ortega and Gasset nº 77, although it will be able to have other premises in other Spanish cities when the Board of directors decides to it. The transfers of the social address and the other premises whereupon count the Association will be decided by the Board of directors, which will communicate it to the Registries National and Provincial in the form that arranges the effective legislation at every moment.
Article 4.- the Board of directors will be the competent organ to interpret the rules contained in these Statutes and to cover its lagoons, always being put under the effective legal norm in the matter of associations. The present Statutes will be fulfilled by means of the agreements that validly the Board of directors and the General Assembly adopt, within their respective competitions. It will be able to be approved by the general Assembly, if it were considered advisable, a Regulation of Routine garrison duty, that will not alter in any case the prescriptions contained in the present Statutes.
Article 5.- They are aims of the Association:
To work by the reappearance in life of the prisoners and disappeared saharauis and to demand its liberation.
To look for, at all costs, information on the disappear, deported, kidnapped and the children born in the clandestine prisons, as well as on the circumstances in which they remain or are and to maintain informed their relatives.
To support and to collaborate with the activities of the physical people and organizations who respond to the objectives of the Association.
To promote a humanitarian action at international level of solidarity with the disappeared prisoners and and their relatives.
To denounce the repression, tortures, the arbitrary intimidation and haltings that straight exert by the authorities of foreign occupation against the citizens saharauis in scorn of the legitimate one from their town to the self-determination and independence.
To attend and to orient the relatives, before the humanitarian organisms, as much of the UN, of the OUA, like of other governmental and nongovernmental organizations, with the purpose of promoting the defense of the human rights in the occupied territories saharauis, and individual against the kidnappings, forced deportations and the practices of torture and murder against the citizens saharauis in these zones.
To such effects, the Association will be able to organize, previous the legal requirements that in each case are demanded, sessions, conferences, short courses and whichever activities are considered advisable or necessary in accordance with their aims.
Article 6. - The Association will develop its activities in all the national territory, it will last indefinite and it will only dissolve by agreement of extraordinary the General Assembly or by anyone of the causes anticipated in the laws. AFAPREDESA will be able to collaborate or to adhere to other associations or nongovernmental organizations who have by purpose the defense of the human rights or that get along with their cause, of regional or international character, preserving its personality and independence.
Article 7. - AFAPREDESA will resort, for the fulfillment of their humanitarian objectives to all necessary legal and legal means with the purpose of:
To direct the investigations with views to gather the data and information on cases individual or collective of prisoners or disappeared saharauis.
To ask for the cooperation of organisms and international institutions and to interest to them so that they assume the defense of the disappeared prisoners and in the location assumptions or of the judicial processes that they will be put under
To promote the celebration of conferences and seminaries to sensitize to world-wide the public opinion on the drama of the prisoners and disappeared saharauis and to assure the ample and objective spreading in means diffusion on the diverse violations of the human rights in the territory saharaui occupied.
Article 8. - The government and the administration of the Association will run in charge of the General Assembly and of the Board of directors. The representatives of the different provincial premises will collaborate in the execution in the agreements of one and another one, that will constitute the delegated local Meetings.
Article 9. - The General Assembly, integrated by all the associate, is the supreme organ of the Association and it will meet whenever the Board of directors decides to it, in the form that establish the present Statutes. The daily routine will be fixed by the Board of directors, organ to which also corresponds to summon it.
Article 10. - Obligatorily the General Assembly will have once to be summoned by the Board of directors in ordinary session to the year, within the first natural trimester, to approve the performance plan general, to censure the management of the Board of directors, to approve, in its case, the annual budgets of income and expenses, as well as the statement of account corresponding to the previous year. The General Assembly will meet in extraordinary session when therefore the Board of directors in attention to the subjects decides to it that must treat. Necessarily one will meet to adopt agreements on disposition or disposition of property, constitution of federations of any class or to integrate themselves in them, modifications of Statutes and dissolution of the Association.
Article 11. - The calls of the General Assemblies, are ordinary or extraordinary, will be summoned by the Board of directors in writing, expressing the place, the date and the hour of the meeting, as well as the daily routine. Between the call and the day indicated for the celebration of the Assembly in first call it will have to also mediate at least fifteen days, being able to be pointed out the date for his celebration in second call, without between one and another meeting an inferior term to twenty-four hours can mediate.
Article 12. - The General Assemblies, ordinary as as much extraordinary, will be constituted validly in first call when they concur to them, present or represented, most of the associate, and in second call whatever it is the number of concurrent associate. The associate will be able to grant their representation in any other partner. Such representation will be made in writing and had to be given to the secretary of the Assembly before being celebrated the session. The associate that reside in different city will be able to send by mail, fax or any other electronic means the document that credits its representation.
Article 13. - The agreements of the General Assemblies will be adopted by majority of votes, with the exception of the sessions in which the extraordinary Assemblies adopt agreements of included/understood in the paragraph the second of article 10 of the Statutes, in which case will be necessary the favorable vote of the two third parts of the present or represented associate. The secretary of the Board of directors will raise the corresponding act of the celebrated sessions that he will transcribe in the act book.
Article 14. - The Board of directors will be formed by a number of four members noninferior to nor superior to fifteen named by the General Assembly to which the appointment of the president will also correspond. The Board of directors will temporarily choose the positions of secretary, accountant and treasurer. The rest of the members of the Board of directors will have the consideration of vowels of the same one. The Board of directors will be able to temporarily name between the rest of the vowels to a vice-president and a vice-secretary who replace the positions of reference in cases of necessity by disease or forced absence. All these positions will have to fall to associate that they have, at least, an antiquity of two years, with exception, naturally of the first Board of directors.
Article 15. - The members that compose the Board of directors will at any time choose by the General Assembly by a period of two years, being able to be reelected indefinitely or to be revoked by this one. The specific positions and vocalías of the Meeting will be gratuitous. It will correspond to the Board of directors to designate to the administrative personnel, if there is it, as well as to fix his repayment, in his case.
Article 16. - It is function of the Board of directors to program and to direct to the activities and projects of the Association, to take the administrative and economic management, to put under the approval of the General Assembly the annual budget of income and expenses and the statement of account of the previous year, to put under his approval the censorship of his management and to propose the plan of future activities.
Article 17. - The Board of directors will celebrate its sessions whichever times determines the president to it, either to own initiative, or at the request of a third of its components. It will be presided over by the president and, in his absence, by the vice-president if it had been named and, for want of both, by the member of the Board of directors of greater age. So that the agreements of the Meeting are valid will have to be adopted by majority of votes of the assistants, being necessary the concurrence, at least, of half of its members. Of the sessions, the secretary will raise act, that will be transcribed to the corresponding book.
Article 18. - The members of the Board of directors will preside over the commissions of work that the own Meeting decides to constitute, with the purpose of delegating in them the preparation of certain acts or activities, or to successfully obtain of same the necessary information. They will comprise of these commissions, at least a vowel of the Meeting. Each commission of work will choose its delegate who will directly report with the vowel of the Together member of the commission or the president of the Meeting.
Article 19. - The President will assume the legal representation of the Association and will guard by the fulfillment of the aims of the Association and the program of activities. He will be able to make any decision that in his opinion considers necessary in nonpredicted situations or for which it is not possible to reunite to the Board of directors.
Article 20. - It will correspond to the secretary to receive and to transact the entrance requests, to take to the file and the record book of associate and to direct the administrative works of the Association. It will also guard by the fulfillment of the effective legal dispositions in the matter of associations, will guard the official documents of the organization, will raise act of the sessions of the General Assemblies and the Boards of directors and will come to register in the Registry of associations the communications on designation of Board of directors, changes of address and those others that are mandatory or remember register voluntarily.
Article 21. - It will correspond to the accountant to direct the accounting of the Association and will take part all the operations of economic order. The treasurer will collect and guard the social bottoms and will give fulfillment to the payment orders that the president sends. The accountant, with the treasurer, will formalize the annual budget of income and expenses, as well as the statement of account of the previous year, that will have to be presented/displayed to the Board of directors, so that this one, as well, puts under them the approval of the General Assembly.
Article 22. - The delegated local Meetings will represent the Board of directors of the Association in the social premises that this one decides to create, in article 3 of these Statutes as planned. They will be formed, at least by three members associate and residents in the address where are such premises and its designation will correspond to the Board of directors, which will decide the person of its components who will assume the delegate position to whom will correspond to him to preside over the sessions that celebrate.
Article 23. - The operating conditions, delegated attributions and adoption in agreements of the same ones will be established, in principle, by the Board of directors in as much the General Assembly does not consider the establishment of a Regulation of routine garrison duty advisable that regulate these local Meetings, whose approval will be of its competition.
Article 24. - All person of legal age could be member of AFAPREDESA who somehow has interest in serving the aims as the Association and she voluntarily commits myself to defend his aims and are admitted by the Board of directors. The Board of directors will be able to grant the appointment of honorary partner to the people whom it considers opportune, to merely honorary title, without which it takes I obtain the legal condition of associate.
Article 25. - Who wish to belong to the Association will ask for in writing the president of the Association, which will give account to the Board of directors, that will solve on the admission or inadmisión of the candidate, without it is possible to interpose no resource against his agreement. The condition of associate will not be acquired while it does not satisfy the quota with entrance in the quantity and form that the Board of directors establishes.
Article 26. - The associate will be able to ask for their loss of the Association voluntarily, but it will not exempt to them to satisfy the obligations that have slopes with that one. The Board of directors will be able to separate of the Association those members that show a repeated lack of interest in the activities of the Association or commit acts that make indignos continue belonging the same one. The separation will be preceded of file in which the interested one will have to be heard and, against the agreement of the Board of directors, will fit resource before the first General Assembly that is celebrated.
Article 27. - The associate will have the following right:
Article 28. - They will be obligations of all the associate:
Article 29. - The associate could be sanctioned by the Board of directors to repeatedly infringe the present Statutes or the agreements of the General Assembly or the Board of directors. The sanctions will be able to include/understand from the suspension of their rights of a month to a year, to the definitive separation of the Association in the terms that article 26 prevents.
Article 30. - AFAPREDESA is an association without profit spirit, whose anticipated economic resources for the development of the social activities will constitute the following games:
The periodic quotas of entrance and of the associate that the Board of directors decides.
The official subventions, and the voluntary contributions that can receive from legal form.
The income that can always obtain by means of the allowed activities that decide to make the Board of directors, within the statutory aims and of products of the goods and rights that correspond to the Association.
AFAPREDESA lacks patrimony when constituting itself like association.
Article 31. - The administration of the bottoms of the Association will take with the sufficient publicity in order that the associate can periodically have knowledge of the destiny of those, without damage of the right briefed in this respect in article 27 of these Statutes.
Article 32. - The Association will end its activities in case of dissolution by the causes established in these Statutes.
Article 33. - In case of dissolving the Association, the General Assembly that decides the dissolution will name a commission liquidator, composed by three members like minimum extracted of those of the Board of directors, as position will become of the bottoms that exist for which, a time satisfied the obligations, the surplus, if there is it, to the ONG previously designated by the General Assembly is given that has like purpose the defense of the human rights.