The Bulgarian Helsinki Committee (BHC) is a voluntary association of citizens, concerned with monitoring the human rights situation in Bulgaria and in other countries, as well as with actions for their protection.
BHC is an independent association for pursuit of an activity for the public benefit which does not serve any party, political coalition or person, acting by virtue of the Political Parties Act.
(1) BHC is a legal entity with a seat in Sofia.
(2) The duration wherefore BHC has been incorporated shall be unlimited.
BHC shall have the following objectives and tasks:
1. To organise systematic monitoring of the human rights situation in Bulgaria
and abroad.
2. To prepare reports on the human rights situation and to circulate them in
the country and abroad.
3. To prepare, translate and distribute materials related to the theory and
practice of human rights.
4. To organise conferences, seminars, public actions and other legitimate forms
of civic activity, related to the protection of human rights.
5. To protect the rights of individual natural persons and legal entities on
the territory of the Republic of Bulgaria and abroad.
(1) To accomplish its objectives and tasks, BHC shall act on the basis of the
Constitution and the laws of the Republic of Bulgaria, according to the rules
for pursuit of an activity for the public benefit, which include:
1. Organising and maintaining contacts and interaction with legal entities and
natural persons in Bulgaria and abroad;
2. Organising fact-finding missions, signal networks and other means of monitoring
the human rights situation in Bulgaria and abroad;
3. Maintaining a data base;
4. Collecting information about international and domestic legislation, case
law and other practice in the sphere of human rights;
5. Using all legal means to assist natural persons and organisations on the
territory of the Republic of Bulgaria and abroad.
(2) The Governing Board shall establish the procedure, according to which pursuit
of an activity for the public benefit shall be carried out, on the basis of
the rules under paragraph 1.
The members of BHC shall be guided by the conviction that the activities of the Committee shall stimulate among the broad public the need for the kind of life in which the dignity, worth and rights of every person shall enjoy respect and protection, as well as contribute to encouraging legislation in the sphere of human rights.
(1) Any capable natural person or non-profit corporation that accepts the charter
and expresses willingness to work for the objectives of the Committee may become
a member of BHC.
(2) In the case of natural persons, the circumstances under paragraph 1 shall
be certified by a written declaration in the application for membership, addressed
to the Governing Board, and in the case of legal entities - by a written declaration
in the application for membership, addressed to the Governing Board, and accompanied
by a decision of the governing body of the legal entity, empowered to take a
decision on membership in another legal entity.
(3) The documents for legal entities under paragraph 2 shall be accompanied
by the charter or by other documents enabling establishment of the authenticity
of the circumstances under paragraph 2.
(4) Members shall be obligated to take part in the General Meeting and in the
governing bodies of BHC to which they have been elected, save if prevented from
doing so for good reason.
(1) Members shall be admitted by the Committee's General Meeting with a majority
of two-thirds of those attending.
(2) Natural persons and legal entities shall have equal rights and obligations.
(3) Legal entities shall be represented in the Committee's bodies by one person
chosen by the body of the applicant legal entity, empowered to decision-making.
(4) Representation under paragraph 3 shall be certified by a written document
which shall be accompanied by the charter or by other documents enabling establishment
of the authenticity of the circumstances under paragraph 3.
(5) A legal entity may not be represented in the BHC by a natural person who
is a BHC member.
The list of BHC members shall be kept in the organisation's archives.
(1) Any BHC member may cease his membership of his own accord by submitting
a written application to that effect to the Governing Board.
(2) Legal entities that are BHC members shall accompany their application under
paragraph 1 by a decision of the governing body of the legal entity, empowered
to take a decision on membership in another legal entity.
(3) The cessation of membership under paragraph 1 shall become effective as
of the day of submittal of the written application.
(4) In the case of dissolution, transformation, consolidation, merger, split-up
and split-off of legal entities that are BHC members, their membership shall
cease automatically.
(5) The chairman or his deputy shall provide information about any received
applications at the first meeting of the Governing Board and at the first General
Meeting.
(6) Members who have ceased their membership and members who have been expelled
from the association shall not be entitled to reimbursement for any paid membership
dues.
(1) Any BHC member who violates the charter may be expelled from the association at the
proposal of the leadership or of at least three members.
(2) The decision shall be taken by the General Meeting with a majority of two-thirds
of those attending in the presence of the member and after hearing him out,
save for the cases under paragraph 4.
(3) A decision for expulsion may be taken only after the chairman has given
written notice to the respective member stating the date, time and venue of
the General Meeting.
(4) If, after due written notices, the member proposed for expulsion is absent
from the general meeting at which he is to be expelled without good reason which
he has stated in advance, the next general meeting may take a decision on his
expulsion in his absence.
Any documents, including the minutes of the general meetings under Articles 7, 9 and 10, as well as copies of the documents under Article 8 shall be kept in a special archive.
(1) The General Meeting which shall be composed of all members of the association
shall be the supreme body of BHC.
(2) The General Meeting shall be convened at least once a year.
(1) The
General Meeting shall be convened by the Governing Board or by at least one-third
of the members of the association. The General Meeting shall be deemed legal
provided more than one-half of its members are present.
(2) The General Meeting shall be convened by written notice, sent at least
five days in advance, and stating the date, time, venue and draft agenda.
The notice shall be published in the State Gazette.
(3) Provided the conditions under paragraphs 1 and 2 of the present article
on the convocation of the General Meeting have been satisfied, the meeting
shall stand adjourned for one hour, whereafter it may make decisions regardless
of the number of members present.
The General
Meeting shall:
1. amend and supplement the charter of the BHC and other internal regulations;
2. elect a Governing Board;
3. elect a chairman and vice chairman of the Committee;
4. approve annual reports on the activity, including on different projects,
expenditures and the current financial state of the BHC bodies;
5. adopt drafts of the Governing Board on the future organisation of the activity
and the budget of the Committee;
6. pass upon the dueness of paying, the procedure of determining the amount
and the manner of paying membership dues;
7. admit and expel members of the Committee;
8. reverse any decisions of the other bodies of BHC which contravene the law,
the charter of the Committee or any other resolutions of the General Meeting;
9. pass upon the opening and closure of branches and upon participation in
any other organisations.
(2) Any resolution or decision of the bodies of the association which has
been passed or made in contravention of the law, the charter or a precedent
resolution of the General Meeting may be contested before the General Meeting
on a requisition of the interested members of the association or a body thereof,
submitted within one month after learning of the said resolution or decision
but not later than one year after the date of the passage or making of the
said resolution or decision.
(1) The General Meeting may not act on any matter which has not been included
in the agenda as announced in the notice.
(2) BHC members, with the exception of legal entities, may vote at the General
Meeting by proxy.
(3) One member may represent not more than one member of the Committee by virtue
of a written authorisation, which shall be deposited at the start of the meeting
with the presiding officer, and which shall subsequently be included in the BHC
archives. Re-authorisation shall be inadmissible.
(1) The
General Meeting shall pass resolutions by simple majority of those attending,
save as otherwise provided by the present charter.
(2) Any decisions for changes to the charter, on the dissolution or transformation
of the association shall be taken by a majority of two-thirds of those attending.
(3) Any resolutions under Article 30, paragraph 3 shall be passed by a majority
of two-thirds of all BHC members.
(4) Decisions under paragraph 2 may not be taken if the meeting is held under
the procedure of article 14, paragraph 3 of the present charter.
(5) No member of the General Meeting shall be entitled to vote in determination
of a matter affecting the said member, the spouse thereof, or a lineal relative
thereof up to any degree of consanguinity or a collateral relative thereof
up to the fourth degree of consanguinity, or a relative thereof by marriage
up to the second degree of affinity, as well as any legal entity wherein the
said member is manager or may impose or block decision-making.
(1) The
Governing Board shall consist of five to seven members and shall be elected
for a period of two years.
(2) Legal entities that are member of the association may also propose persons
who are not members of BHC as members of the Governing Board.
The Governing Board shall:
1. organise the performance of the overall activity of the Committee, including
the activity for the public benefit;
2. prepare and introduce before the General Meeting reports on the activity
and financial state of the Committee;
3. prepare and introduce before the General Meeting a draft plan on the activity
of the Committee and a draft budget;
4. pass upon the recruitment of associates and determine the amount and forms
of their remuneration;
5. manage the property of the Committee;
6. represent the Committee and determine the extent of representative power
of specific members thereof;
7. determine the address of the Committee;
8. make decisions on any matters which by law or according to the charter
do not lie within the competence of any other body.
(1) The Governing Board shall be called by the Chairman or a deputy empowered by him
amongst the members of the Governing Board or on a requisition of at least
two of the members thereof.
(2) The persons under paragraph 1 shall be obligated to notify all members
of the Governing Board.
(3) The Governing Board may act if more than one-half of the members thereof
are present at the meeting.
(4) The Chairman shall be obligated to call the Governing Board on a written
requisition of one-third of the members thereof. Should the Chairman fail
to call the Governing Board within seven days after any such requisition,
the said Board may be called by any interested member of the Governing Board.
In the absence of the Chairman, the meeting shall be presided over by a member
of the Governing Board designated by the said Board.
(5) Any member, wherewith a bilateral telephone or other communication has
been established, guaranteeing identification and allowing participation of
the said member in the debate and decision-making, shall be deemed to be present.
The voting of any such person shall be certified in the minutes by the presiding
officer of the meeting.
(1) The decisions of the Governing Board shall be taken by simple majority of those
attending, save for decisions under Article 19, items 1 and 5, and Article
35, paragraph 1, which shall be taken by a majority of all members.
(2) The Governing Board may act without meeting if all members of the Governing
Board sign the minutes on the decision made without remarks and objections.
Any member of the Governing Board may withdraw from it of his own accord after stating so in writing at one of the meetings of the Governing Board.
The chairman of the BHC shall be elected for a period of two years by the General Meeting from amongst the members of the elected Governing Board.
(1) The chairman shall:
1. organise the work of the Committee between the meetings of the Governing
Board and in conformity with the decisions of the General Meeting and the
Governing Board;
2. preside over the meetings of the Committee's Governing Board;
3. perform and monitor the implementation of resolutions passed and decisions
made by the General Meeting and the Governing Board of the Committee;
4. conclude contracts of employment with associates and auxiliary personnel
of the Committee after the application's approval by the Governing Board;
5. report on his activity as chairman to the Governing Board and to the General
Meeting.
(2) The chairman may delegate his powers under items 1, 2, 3 and 4 to other
members of the Committee.
The vice chairman of the BHC shall be elected for a period of two years by the General Meeting from amongst the members of the elected Governing Board.
(1) The vice chairman shall:
1. perform and monitor the implementation of resolutions passed and decisions
made by the General Meeting and the Governing Board in the absence of the
chairman or if no other member of the Governing Board has been authorised
to act as his deputy;
2. preside over the meetings of the Governing Board in the absence of the
chairman or if no other member of the Governing Board has been authorised
to act as his deputy.
(2) The vice chairman may delegate his powers under paragraph 1 to other members
of the Committee.
Any member of the Committee shall have access to the archives
Once a year BHC shall ensure the conduct of an audit of the activity thereof by a licensed professional accountant.
(1) BHC
shall keep minute books of the meetings of the collegial bodies thereof. The
presiding officer of the meeting of the collegial body and the minute-taker
shall certify and be liable for the authenticity of the contents of the minutes.
(2) BHC shall prepare an annual report on its activity which must state particulars
regarding:
1. the substantial activities, the resources spent thereon, the relation thereof
with the objectives and programmes of the organisation, and the results achieved;
2. the amount of property received gratuitously and the income from other
fund-raising activities;
3. the financial results.
(2) The report on the activity of the BHC shall be available to the general
public. It shall be submitted to the central register of non-profit corporations
for pursuit of an activity for the public benefit with the Ministry of Justice
on or before the 31st day of May every year.
(1) BHC
may gratuitously expend property in the pursuit of the activity intended for
the accomplishment of its objectives.
(2)The selection of the persons and the manner of their assistance by BHC
shall conform to the objective and financial capacities of the association
according to the procedure and rules determined by the charter and by resolution
of the Governing Board. Information on the selection procedure shall be accessible
to the general public.
(3) Gratuitous expenditure of the property of BHC for pursuit of an activity
for the public benefit shall require a reasoned decision made by the General
meeting by a majority of two-thirds of all members thereof, where the said
expenditure is in favour of:
1. any person from amongst the members of its other bodies, or the spouse
thereof, or a lineal relative thereof up to any degree of consanguinity or
a collateral relative thereof up to the fourth degree of consanguinity, or
a relative thereof by marriage up to the second degree of affinity;
2. any person who has been a member of its governing bodies within up to two
years prior to the date of decision-making;
3. any legal entity which has financed the organisation within up to three
years prior to the date of decision-making;
4. any legal entity wherein the persons specified in items 1 and 2 are managers
or can impose or block decision-making.
BHC may not conclude any transactions with any persons covered under Article 30, paragraph 3, item 1, or with any legal entities wherein the said persons are managers or can impose or block decision-making, save as where any such transactions are for the obvious benefit of BHC or have been concluded under general terms and conditions, publicly disclosed.
(1) The BHC shall derive funds and property from:
1. membership contributions in cash or other property;
2. donations;
3. legacies;
4. business activity related to the objectives of the Committee under Article
4.
(2) The business activity of BHC shall include:
1. publication and distribution of materials related to human rights;
2. consultancy related to human rights.
The transformation and dissolution of BHC shall take place in conformity with Chapter 3 of the Non-profit Corporations Act by resolution of the General Meeting, which shall not be held under the procedure of Article 14, paragraph 3, passed by a majority of two-thirds of those attending.
Dissolution may also be ruled by the court in the cases envisaged by law.
(1) In
case of the dissolution of BHC by resolution of the General Meeting, the General
Meeting shall pass upon liquidation which shall be carried out by the Governing
Board or a person designated by it, as well as upon the distribution of property.
(2) Any property of the association left after satisfaction of the creditors
shall be distributed among other non-profit organisation for the protection
of human rights by resolution of the General Meeting.