We, citizens of Afghan origin, have settled permanently in the Federal Republic of Germany. Germany is our new home and the home of our children and future generations who were born here and grew up here. In accordance with the principle of equality and equal treatment, we want to make our contribution to the realization of our rights in all legal, social, political, economic and cultural areas. We want to live in Germany with all parts of the population of this country as equal rights, in dignity, security of life, peace, friendship and solidarity. We want to promote cultural diversity through ethnic plurality in the German immigration society.
As a diaspora, we want to make our expertise and capacities available for reconstruction, progress and peace in Afghanistan. We want to work for a peaceful, democratic and pluralistic society in Afghanistan in which cultural, linguistic and ethnic diversity is always promoted. For this purpose we have joined forces in the association “Association of Afghan Organizations in Germany”, which is based on the free democratic basic order of the Basic Law for the Federal Republic of Germany; It is non-partisan and non-denominational and represents the principle of ideological, intercultural and religious tolerance and gender equality in all areas of international understanding. Racist, xenophobic, sexist and views contrary to human rights are incompatible with the principles of the association.
§ 1 Name and Registered Office
- The association bears the name "Association of Afghan Treaties in Germany". He is to be registered in the association register. After the association has been registered with the addition "e.V.".
- The association is based in Berlin.
§ 2 Purpose
- The association "Association of Afghan Organizations in Germany" is an organization of tax-privileged legal persons in accordance with Section 57 (2) AO, who pursue common goals and interests. Its purposes are
Representing its tax-privileged member organizations and their common interests as well as the interests of the Afghan diaspora at national and international level on issues of development cooperation, on domestic political issues in Germany, on diaspora cooperation with other countries. This purpose is achieved in particular by
- Generation, aggregation and articulation of the interests of the members and the Afghan diaspora;
- Public relations work by providing and conveying information and educating the German, Afghan and international public about the political and social situation in Afghanistan and about the interests of the Afghan diaspora
- Organization of public events,
- Conducting studies,
- Drafting of statements, press releases and other publications;
- Cooperation with German, Afghan and international organizations;
- Establishing contacts, working together and networking with governmental and non-governmental organizations and individuals at home and abroad whose work does not contradict the purposes of the association.
the general promotion of the democratic state system in Germany by consistently advocating equal rights for all sections of the population in Germany; this purpose is achieved in particular by
- Proposals for shaping the German migration and integration policy;
- Commitment to a tension-free and non-discriminatory coexistence in Germany;
- Organization and implementation of specialist meetings, conferences and workshops, lectures to understand the structure of the state and fundamental rights as well as presentation of the federalism principle and electoral principles.
promoting development cooperation; this purpose is achieved in particular by
- Participation in shaping German-Afghan relations in the field of development cooperation;
- Formation of a coordination structure to improve development cooperation with Afghanistan;
- Concept development to strengthen state and non-state problem-solving capacities in Afghanistan;
- Establishing long-term dialogue structures with civil society, business and politics in Afghanistan;
- Increasing the visibility of the activities of the Afghan diaspora for Germany and for development cooperation.
promoting cooperation between member organizations;
- this purpose is achieved in particular through the formation of communication structures within the Afghan diaspora in Germany;
- Networking of the Afghan diaspora;
- Providing a platform for the support of the work with the Afghan civil society, whose work does not contradict the purposes of the association's activities.
Capacity building and empowerment of member organizations; this purpose is achieved in particular by
- Transfer of knowledge and experience between members and to the general public;
- Moderation of the exchange of experiences between the members;
- Technical support for the Afghan diaspora and community in exile in setting up and developing organizations;
- Impact monitoring of the activities of the member organizations; promoting the development of a pool of speakers and experts.
promoting science and research, art and culture, language and sport; this purpose is achieved in particular
- by conducting and organizing information, sport and cultural events in which intra- and intercultural exchanges and encounters between the Afghan diaspora, the Afghan community in exile and the majority society can take place;
- Specialist meetings, conferences and workshops;
- Allocation and subcontracting of scholarships based on publicly available guidelines;
- Research projects in cooperation with scientific institutions (universities, institutes, institutions). The results of these should be published promptly;
- Data collection, evaluation and assessment (evidence-based advocacy). The results of these should be published promptly;
through the procurement and forwarding of funds for the realization of the aforementioned tax-privileged purposes by another tax-privileged corporation or a corporation under public law.
- In order to achieve its purpose, the association does not have to be active at the same time or to the same extent in the tax-privileged support areas according to Paragraph 1. It is up to him which of his purposes he perceives when and with what measures.
- Events organized by the association are generally open to the public.
- The association can also sponsor abroad; Its activity remains structurally related to the realization of its tax-privileged purposes in Germany within the meaning of Section 51 (2) AO.
§ 3 Basic Principles
- Racist organizations and those organizations that affirm violence as a political means are not allowed to become members. Reference is expressly made to the UN Charter of Human Rights. The association is committed to the relevant international agreements for the protection of human rights.
- The field of activity of the association extends to the purposes mentioned in § 2. The association does not take part in political disputes in Afghanistan and also works in Germany in a politically neutral way and independent of authorities and governments; In particular, it does not pursue any political purposes in the sense of unilaterally influencing the formation of political opinion, for example for the benefit of a political party, the promotion of political parties or certain individual interests of a civic nature; However, he can take a position on events and developments in Afghanistan if these influence or even impair the situation of the Afghan diaspora in Germany.
- Statements and activities of the members outside of the association are not binding. Each member can carry out their own association work outside of the association.
- The association works in accordance with §§ 3 Paragraphs 1 and 2 with other Afghan organizations in Germany, Europe and worldwide, with other organizations at federal, European and international level as well as with democratic organizations, parties, trade unions, associations, religious organizations and People get together, set up joint forums, form new umbrella organizations.
§ 4 Public Benefit
- The association pursues exclusively and directly charitable purposes within the meaning of the section “tax-privileged purposes” of the tax code.
- The association is selflessly active; it does not primarily pursue its own economic purposes.
- The association's funds may only be used for statutory purposes. In this capacity, the members do not receive any benefits from the association's funds. No person may be favored by expenses that are alien to the purpose of the association or by disproportionately high remuneration.
- The association fulfills its tasks itself or through an auxiliary person within the meaning of § 57 Paragraph 1 Clause 2 AO, unless it is active by means of fundraising in accordance with § 58 No. 1 AO.
§ 5 Membership
- Ordinary members of the association can only be registered associations and other legal persons who have received the status of non-profit status recognized by the responsible tax office. If the responsible tax office withdraws their non-profit status, these associations automatically lose their status as full members and are henceforth listed as associated members. In the event that the non-profit status is regained, these associations will become full members again after submitting the notification of determination or exemption. Upon receipt of a new notice of exemption, this must be presented to the board of directors immediately and without being requested to do so by each member.
- Associate members of the association can become registered associations regardless of their tax status, other legal entities, private individuals and private individuals' initiatives.
- Honorary members of the association can become public figures who have made a very special contribution to Afghanistan.
- The application for membership in the association must be submitted in writing to the board of directors. The board of directors decides on admission at its own discretion. He does not have to justify a rejection of the application to the applicant.
- Associate members and honorary members are appointed by the general assembly.
- Legal persons are represented vis-à-vis the association by a board member; it can be represented by another person. The representation must be proven in writing to the association.
§ 6 Termination of Membership
- The membership of legal persons ends when they expire or when insolvency proceedings are initiated; such a situation must be reported to the association's board immediately. Membership also ends upon death, resignation or exclusion from the association.
- The resignation must be declared in writing to the board of directors with four weeks' notice.
- A member can be expelled from the association if he has grossly violated the interests of the association or if he is in arrears with the membership fee. The board decides on the exclusion. The exclusion due to default in payment must be communicated in writing with a period of three months; the person to be excluded must be given the opportunity to comment before the resolution is passed.
- A complaint against the rejection of admission and the exclusion can be lodged within one month of receipt of the decision, on which the general meeting decides. The appeal against the exclusion has suspensive effect.
§ 7 Membership Fees
- An annual fee is charged from the ordinary and associated members. The general assembly decides on the amount and due date of the membership fees (membership fee regulations).
- Honorary members are exempt from paying membership fees.
§ 8 Organs
Organs of the association are
a) the general assembly
b) the board of directors
c) the advisory board
§ 9 The General Assembly
- The general assembly is responsible for the following matters:
a) Receipt of reports from the Board of Directors and discharge of the Board of Directors,
b) Determination of the amount and due date of the annual fee
c) Election and dismissal of the board of directors and the auditors,
d) Resolution on the rules of procedure for the Board of Management,
e) Resolution on changes to the statutes and on the dissolution of the association
- The general assembly takes its decisions at meetings or in written, telex, telephone or electronic circulation procedures, on a telephone or video conference or through the use of other media, which can also be used in combination.
- The ordinary general assembly takes place at least once a year. In addition, the general meeting must be called if the interests of the association so require, or if the calling of a third of the members is requested in writing by the board stating the purpose and the reasons.
- Each general meeting is convened in writing by the board of directors by personal invitation with four weeks' notice. The planned agenda is to be communicated.
- With a period of two weeks prior to the general meeting, the members of the association can submit proposals to the board of directors to add to the agenda.
- The general meeting is chaired by the chairman of the board, in his absence by a deputy. If the board is unable to attend, the general assembly appoints the chairperson. In the case of elections, the chairmanship of the meeting can be transferred to another club member or an election committee for the duration of the ballot and the preceding discussion. At the beginning of the general meeting, a secretary is to be appointed.
- Every full member is entitled to vote in the general assembly; Associate members and honorary members have no voting rights.
- Every ordinary member can be represented by an ordinary member of the association who is present. The power of attorney must be in writing and must be handed over to the chairman of the meeting. A limitation of the power of attorney by the proxy is possible.
- Every duly convened general meeting has a quorum if at least one third of the voting members of the association participate in the decision-making process. If there is no quorum, the board is obliged to call a new general meeting with the same agenda within four weeks; this has a quorum regardless of the number of members who are present and entitled to vote if this is indicated in the invitation.
- Unless otherwise stipulated in the articles of association, the simple majority of the votes cast decides when passing resolutions; Abstentions are disregarded.
- The type of vote is generally determined by the chairman of the meeting, unless one fifth of the voting members participating in the resolution apply for a different type of vote. Elections can also be carried out as block or list voting.
- Minutes are to be taken of the course of the general meeting and signed by the chairman of the meeting. The minutes should contain the place and time of the meeting, the number of members present, the person of the chairman of the meeting, the agenda, the resolutions in full, the voting results and the type of voting.
- The general meeting is not public. Guests can be admitted with the approval of the general assembly.
§ 10 The Board of Directors
- Only representatives of the ordinary members of the association can belong to the board of directors.
- The board consists of five to seven people. These are:
a) the chairperson,
b) two to four deputy chairpersons,
c) the treasurer,
d) the secretary.
The combination of several board positions in one person is not permitted.
- The board is elected by the general assembly for two years. The board remains in office even after the end of its term of office until a new election. If a member of the board resigns during the term of office, the board elects a substitute member from among the members of the association for the remaining term of office of the resigned.
- The board of directors is responsible for all affairs of the association that are not assigned to other association organs by these statutes. Its main tasks are:
a) Preparing the general assembly and drawing up the agenda,
b) Convocation of the general assembly,
c) Execution of the resolutions of the general assembly,
d) Administration of the association's assets,
e) Preparation of the annual and cash report,
f) Decision on the admission and exclusion of association members.
- The association is represented in and out of court by the chairman of the board together with another board member.
- The board of directors is entitled to employ voluntary and full-time employees for the management and the performance of its tasks within the framework of the financial possibilities of the association.
- The board of directors can receive appropriate remuneration for its work.
- § 181 BGB applies.
- The Management Board shall adopt its own rules of procedure. In it is, inter alia. to determine that and how resolutions of the board of directors are to be documented.
- The board meets publicly. However, personnel matters are not dealt with in public.
§ 11 The Advisory Board
- The general assembly elects the association's advisory board for a term of two years. It consists of five people who are proposed by full members. Advisory board members can be natural persons from politics, business, science, culture and sport, associate members and honorary members.
- The advisory board has a supporting and advisory function for the board of directors, which decides on the need for advice.
§ 12 Business Year and Business Management
- The business year is the calendar year, unless the Board of Directors decides otherwise.
- In order to fulfill its tasks, the association can maintain commercial operations and to raise funds.
- Up to two auditors are to be elected from the full members at the annual general meeting. Board members cannot be elected.
- The auditors have the task of checking invoices and their correct booking and the use of funds, as well as determining the cash balance for the past calendar year at least once a year.
- The audit does not extend to the expediency of the expenses incurred by the board.
- The auditors have to inform the general assembly of the result of the audit.
§ 13 Amendments to the Articles of Association
- Requests for amendments to the statutes must be received by the board six weeks before a general meeting.
- All motions to change the statutes must be sent to the members with the provisional agenda and the texts of the old and new versions. Provisions of the statutes other than those mentioned in the provisional agenda cannot be changed at the respective general assembly.
- Qualified amendments to the statutes, including the change in purpose, require a majority of two thirds of the voting members participating in the resolution.
- Changes to the statutes, which are requested by the registration or financial authorities, can be decided by the board of directors with a majority of three quarters of its members on its own responsibility; he has to inform the general assembly about the process in connection with the invitation to the next resolution.
§ 14 Dissolution
- The dissolution of the association can only be decided in a general meeting with the consent of at least two thirds of the members who are present and entitled to vote.
- Unless the general assembly decides otherwise, the chairman and one of the deputy chairmen are jointly authorized liquidators.
- If the association is dissolved or annulled, or if tax-privileged purposes cease to exist, the association's assets go to "SEA-Watch eV" (c / o dka-Anwälte, Immanuel Kirchstr. 3-4, 10405 Berlin) to which it is directly and exclusively for charitable purposes has to use. If "SEA-Watch e.V." no longer exists or is no longer tax-privileged, the association's assets will be transferred to another tax-privileged corporation for use for charitable purposes in accordance with Section 2, Paragraph 1.
§ 15 Data protection and general regulations
- Unless otherwise stipulated in these articles of association, the relevant statutory provisions apply.
- In order to fulfill its statutory duties as well as any statutory or other legal obligations, the association processes personal data of its members using electronic data processing systems, for example in the context of member administration. The data is protected from third-party knowledge by taking the necessary measures. Further details are regulated in a data protection regulation, which the board decides.
- Through their membership and the associated recognition of these statutes, the members consent to the collection, processing (storage, modification, transmission) and use of their personal data.
- Within the framework of the statutory provisions, every member has the right to information about the personal data stored about them, their recipients and the purpose of storage as well as to correction, deletion or blocking of their data.
- Insofar as functional designations are used in these statutes, these apply equally to all genders.
- As far as written form is mentioned in these statutes, text form (e-mail) is sufficient. In its correspondence, especially for invitations and hearings, the association uses the address that the member last announced.