ABSTRACT: The League will be founded at a Congress held in the E. P. in December '93. We would like to have your ideas in writing by then, to prepare a newspaper convening the Congress
(WORLDWIDE PARLIAMENTARY CAMPAIGN FOR THE ABOLITION OF THE DEATH PENALTY BY THE YEAR 200 - Radical party/International League for the abolition of the death penalty by the year 2000)
The Statute was born of the need to satisfy certain preliminary conditions and to allow the International League for the Abolition of the Death Penalty by 2000 to be officially recognized as a nongovernmental organization (NGO). This official status is most easily obtained in Belgium, for example, where NGOs are recognized more readily.
The Statute makes a number of other provisions to meet the specific requirements of Belgian law; in the same way, the scope and the objectives of the International League have been determined in relation to specific provisions made by the European Parliament (funding allotted to the democratization of political systems, and relative information campaigns). Apart from these "institutional and structural" needs, the Statute fully guarantees direct membership and the participation of each member in all the decision-making, policy-making and activities of the League. In this sense, the supreme organ is the General Assembly, of which all members are part. The Assembly meets at a congress at least once every two years, puts motions to the vote and elects a Management Council comprising 15 people. This organ, on which at least one Belgian must sit for the reasons mentioned above, will elect an Executive Secretariat, from its members, composed of a Secretary, a Treasurer and a President, who will each have a specifi
c job and function to perform. The last organ of the League that the Statute provides for is the Honorary Presidency, composed of influential people who, even if they are not yet members of the League, agree to support and promote abolitionist ideas on public occasions. Article 3, which specifies the aims of the association, communicates the League's goals, the most important being: to abolish, before the year 2000, all constitutional laws and articles, and fundamental law, that provide for the death penalty to be inflicted following a sentence pronounced by a legally constituted criminal court. The League does not occupy itself directly with extrajudicial executions, and this was emphasized, and also accepted, during an official meeting.
To make the Statute and the association's political identity complete, the federative concept has also been adopted (see 4.1.2.), thanks to which the League can federalize with other abolitionist organizations, and vice versa, with bilateral agreements being drawn up in each case. The duration of these agreements can vary according to specific needs. This kind of federative agreement will permit the League to expand its activities to the full.
There is one last important point regarding both the winding-up of the association and modification of the Statute (see Article 9 and relevant paragraphs). Neither of these things can be done, in the first instance, unless two thirds of the active members are gatthered together at an assembly.
DRAFT STATUTE
Article 1
The "International League for the Abolition of the Death Penalty by 2000" is a federative association with direct membership, which is conducting a world parliamentary campaign for the abolition of the death penalty by 2000.
1.1. The organs of the association are the following: the General Assembly; the Management Council; the Executive Secretariat - comprising the President, the Secretary and the Treasurer -; the Honorary Presidency.
Article 2
The registered office of the association is at Rue Belliard 89, 1047 Brussels, Belgium. The registered office can be transferred to any other part of the Brussels complex by the Management Council's simply making this decision and publishing their intentions, within one month, in the inserts
accompanying Belgium's Official Gazzette.
Article 3
The League is a non-profit-making organization, with the aim of abolishing throughout the world, before the year 2000, all constitutional laws and articles, and fundamental law, that provide for the death penalty to be inflicted following a sentence pronounced by a legally constituted Criminal Court.
3.1. In pursuit of this aim the League:
· shall obtain and publicize all the theories and analyses which indicate the uselesness of maintaining the death penalty in present legal systems;
· shall organize, in the Parliaments of those countries where the death penalty is still in force, the presentation of bills (or their equivalent) aimed at abolishing capital punishment from legal systems;
· shall communicate the decisions, and publicize the resolutions, laws and modifications to constitutionss which abolish the death penalty from legal systems;
· shall encourage, support and coordinate the activities of local, national and international organizations, whose objective is to eliminate the death penalty from legal systems throughout the world;
· shall also collaborate with those organizations that campaign for the respect of fundamental human rights and the democratization of political systems, which make abolishing the death penalty a fundamental necessity;
· shall promote every scientific, political and cultural initiative which aims at abolishing the death penalty, and informing, and awakening, public opinion.
Members
Article 4
Anyone who applies to the International League can become a member, on condition that they pay the set membership fee and comply with the regulations laid down in this Statute.
4.1. The following qualify as members of the International League:
· The founder members (actual persons, institutions, groups or associations who have paid the minimum membership fee of 3.7% of their country's GDP).
· The regular members (actual persons who have paid the minimum membership fee set by the General Assembly).
· The confederates (associations or groups whose aim is to abolish the death penalty by political, cultural or other means, and who ask to federalize with the League).
4.1.2. The confederation of such associations or groups does not necessitate their own members or supporters joining the League. The period specific of confederation can also be limited to a specific time. The confederation is created - also in the case of the International League federalizing with other groups - on the basis of an accord between the executive organs of the associations entering into the agreement. For the League's part, the accord is finalized by the Executive Secretariat and ratified by the Management Council. The above-mentioned accord must specify the sum of the financial contribution and the means of payment; the initiatives which will be jointly supported; how and to what degree the federalized groups and associations will be represented in the organs of the International League.
4.1.3. Any dispute arising over the admission of a new member, the termination of membership or of a federative agreement, shall be settled by the Executive Secretariat. Every and each member is free to resign from the association at any time by giving written notice to the Executive Secretariat.
4.1.4. Any member who ceases to belong to the association has no claim whatsoever on the association's assets.
Aticle 5
The membership fee is established by the General Assembly.
General Assembly
Article 6
The General Assembly is composed of members and confederates, all of whom have the right to vote.
6.1. It will hold one ordinary meeting at least once every two years and will be convened on the date and in the place decided upon by the Executive Secretariat.
6.1.2. An extraordinary meeting can be called either by the Management Council or by one third of the members of the General Assembly.
The summons must be sent out at least 30 days before the date fixed for the General Assembly, and must include the agenda of the meeting.
6.1.3. It is possible to be represented at the General Assembly by another member, who can only present one authorization.
Article 7
The General Assembly is the supreme organ
The following responsibilities in particular fall within its competence: approval of the budget and balance sheet; election of the members of the Management Council; modification of the Statute; winding-up of the association.
Article 8
Apart from the exceptions specified herein, the General Assembly's decision will be valid no matter how many members, or people authorized to attend, are actually present.
8.1. Apart from the exceptions specified herein, such decisions are reached by a simple majority vote cast by members, and those authorized to attend who are present.
The discussions, the minutes and the decisions taken by the General Assembly will be taped in their entirety; the decisions taken and the documents produced will be recorded in a register, signed and kept by the Executive President who will make it available to members.
Modification of the Statute
and/or winding-up of the League
Article 9
Without prejudice to Article 5 of the Belgian law concerning international associations, any proposal to modify the Statute or to wind up the League must issue from the Management Council or from at least two thirds of the regular members gathered at a meeting of the General Assembly.
9.1. The Management Council must communicate the contents of the motion to all members at least three months before the date of the General Assembly, which must reach a decision on the modification to the Statute or the winding-up of the association.
9.1.2. The General Assembly can only reach a binding decision regarding said proposal if at least two thirds of the members, or those authorized to represent them, are present.
9.1.3. For a decision to be enforceable, at least two thirds of those present must vote in its favour.
9.1.4. In the event that said Assembly does not reach a quorum of two thirds, a second General Assembly will be convened (on the same conditions), which will make a final and binding decision concerning the proposal in question, however many members, or authorized representatives, are present.
9.1.5. The General Assembly establishes the procedures for winding-up and liquidating the association.
Management Council
Article 10
The association will be run by a Management Council comprising 15 members, with the individual territories that are part of said association being represented, if possible. Transitory regulation: The first Management Council will be appointed from founder members, as an extraordinary measure, and will hold office only until the constitutional Congress, which it will be responsible for organizing, is held.
10.1. At least one member of the Management Council must be Belgian.
10.2. The members of the Management Council are chosen, and nominated for their tasks, from the General Assembly, following the suggestions made by the outgoing Management Council.
10.2.3. Their mandate lasts for a specified term, or more precisely, for the period between two ordinary General Assemblies, according to the provisions of Article 6. The mandate of members of the Management Council can be renewed once, i.e., it can only last for two consecutive terms.
Article 11
The Management Council will meet at least once a year, in the place that has been specified. It can be convened by the President, by the Secretary or by the majority of its members.
Article 12
The Management Council can only confer if at least 8 members are present; decisions are taken with a simple majority vote. In case of necessity, the President's vote counts as two votes.
Article 13
All documents which commit the association in any way whatsoever, with the exception of special power of attorney, must be signed by either the President of the Management Council, the Secretary or the Treasurer, depending on the nature of the document, who do not have to justify their position in the association to third parties.
The Executive Secretariat
Article 14
The Management Council shall elect a President, a Secretary and a Treasurer from among its members.
14.1. These people make up the Executive Secretariat which puts the resolutions passed by the General Assembly into effect, considers the suggestions and indications put forward by the Management Council itself, and is responsible for implementing the policies decided upon by the General Assembly.
14.1.2. It is the President's task to summon and to chair the meetings of the Management Council; to participate in the meetings of the Executive Secretariat and to be responsible for the minutes; to ensure that all information is communicated to the different organs of the association and to its members; to investigate and settle eventual disputes concerning the Statute; to open the proceedings of the General Assembly and to present a report on the activities of the Management Council at that meeting; to conserve the minutes of the General Assembly.
14.1.3. The Secretary is responsible for implementing the ordinary, and extraordinary, decisions taken by the General Assembly and by the Management Committee. The Secretary is assited by a secretarial staff numbering a minimum of three, and a maximum of seven persons. The Secretary is the association's legal representative, except in those instances where the association is legally represented by the Treasurer, and proposes the legal actions he might deem necessary to protect the rights and the interests of the association, which he also represents in Court. The Secretary undertakes all the initiatives he considers necessary to reach the objectives fixed by the General Assembly.
14.1.4. The Treasurer is responsible for the League's economic policy. He has the task of promoting any initiative that might be useful in making the League self-financing and obtaining financial resources; he manages the League's capital for which he is responsible. The Treasurer is assisted by a treasurer's office employing a minimum of three, and a maximum of five persons. He is the association's legal representative in all financial and economic matters. He presents the budget and the subsequent revisions to the Management Council, after the former have been approved by the Secretary and the President.
Article 15
Honorary Presidency
The Honorary Presidency is composed of celebrities from the world of science, culture and politics who have promoted the campaign for the abolition of the death penalty by 2000. With a mandate from the Executive Secretariat, the Honorary Presidency can represent the League as far as the press (newspapers and magazines) and television are concerned, and also at international meetings and debates, by promoting abolitionist ideas.
Article 16
Budget and Balance Sheet
The Management Council must present the balance sheet of the preceding financial year and the budget for the following year to the General Assembly for approval. The financial year corresponds (according to law) to one solar year.
A financial year of different duration, for example, one which coincides with the interval between two General Assemblies,can be decided upon by the Management Council.
General Provisions
Article 17
Everything that is not specifically provided for by the present Statute, and in paricular the information that must appear in the documents enclosed with Belgium's Official Gazette, is governed by the Belgian Law of 15 October 1919, revised on 6 December 1954, regarding international associations which pursue philanthropic, religious, scientific, religious or pedagogical aims.