The Articles of Foundation
THE FOUNDATION FOR HUMAN RIGHTS AND FREEDOMS AND HUMANITARIAN RELIEF
NAME OF THE FOUNDATION
Article 1: The foundation’s name is The Foundation for Human Rights and Freedoms and Humanitarian Relief, which is going to be referred as the Foundation from then onwards.
HEADQUARTERS, BRANCHES AND REPRESENTATIVE OFFICES of THE FOUNDATION
Article 2: The Foundation is located at Kirmasti Mah. Büyük Karaman Cad. Taylasan Sok. No:3 Fatih/İstanbul.
Provided that the relevant authorities are informed beforehand, this address can change with the board resolution.
THE FOUNDATION’S OBJECTIVE
Article 3: The Foundation’s objective is to put all its efforts to deliver aid to the people who are in need, who are victims of war, natural disasters and similar catastrophes who are wounded, crippled, starved, homeless and persecuted thereof, wherever they are regardless of their religion, language, race or sect and to prevent the violation of the basic human rights and freedoms of those people; to undertake education activities at all levels in order to fight with poverty and to help raise qualified people.
THE SCOPE OF ACTIVITIES OF THE FOUNDATION
Article 4: The foundation shall undertake the following in order to attain its goals:
a- The Foundation makes necessary organizations in order to take precautions against imminent catastrophes and risk of war. It cooperates with civilian defence forces. It takes all precautions to ensure that the locals are not harmed.
b- The Foundation delivers emergency aid such as food, clothes, blankets, tents, temporary shelters to the internally displaced people and refugees of wars and catastrophes; settles victims with their relatives or charitable host families. It sets up soup kitchens and settlements; builds, rents or buys guesthouses for the victims to stay or contributes to the facilities built for these purposes; delivers financial aid to the victims if it fails to deliver in-kind aid to the areas hit by disasters.
c- The Foundation builds, rents or buys hostels, houses, and lodgings for homeless children to stay; opens schools, training courses and similar education institutions in order to provide them with education; or agrees with the existing education institutions to make sure these children gets the best possible education.
d- The Foundation keeps supporting children who have nobody until they are able to stand on their own feet. If necessary the Foundation supports them to start business or helps them get a job.
e- Given that a person who is not raised and educated well is going to become needy and destitute, the Foundation contributes to the education of youngsters. It supports them through scholarships, in-kind aid and extra tutoring within its capacity. Victims of disasters or wars and their children are prioritized in using the Foundation’s facilities. However, talented youngsters with limited resources to get education can also benefit from education facilities of the Foundation.
f- The Foundation is authorized to acquire real estate, build or rent facilities and buildings for its activities. It is authorized to establish and run nurseries, secondary schools, colleges and graduate schools. Moreover, it is authorized to build and manage shelters, guesthouses, hostels, lodges, and resort and sport facilities. It can also build and run libraries, masjids, laboratories, old folk’s houses, hospitals, clinics and similar institutes.
g- The board of trustees and the executive board appointed by the trustees shall set down the rules and regulations on how the Foundation and any others involved benefit from each business that it owns, manages or is partner thereof. Those who violate the rules and regulations shall be dismissed from the Foundation.
h- The Foundation carries out audio visual broadcasting, organizes rallies, marches, sports events, contests, auctions, memorial days and concerts in order to raise awareness about the oppressed people around the world.
i- The foundation can undertake all kinds of commercial, industrial, cultural and agricultural activities in order to increase its assets. It can organize concerts, panels, competitions, lucky draws, fundraising events and auctions. It can set up financial enterprises or partner and or become shareholders in already existing ones in order to fulfil the goals of the Foundation and increase its assets
j-Provided that it gets legal consent required by its activities, the Foundation shall collaborate with organizations, associations, foundations and similar bodies that operate with comparable purposes and goals abroad or support them or get support from them.
k- Provided that it gets legal consents required by the relevant rules and regulations, the Foundation can establish institutes of education at different levels (elementary school, high school, college, university, institute, library, scientific research and development and documentation centre), facilities for social, cultural and sports activities.
THE FOUNDATION’S ASSETS
Article 5: 15.500- (fifteen thousand and five hundred) Deutsche Marks donated by the trustees, who are mentioned at the end of the Articles of Foundation, cash and in-kind donations by persons or corporates, the income generated by the Foundation’s activities constitute the Foundation’s assets.
THE FOUNDATION’S INCOME
Article 6: Apart from the assets mentioned in Article 5 of the Articles of Foundation;
a- All kinds of real estate, cash and in-kind donations, shares of local and international firms, coupons and valuable documents,
b- Income generating enterprises that are established, run or partnered by the Foundation, exhibitions, panels, concerts, auctions, draws and similar events organized by the Foundation, and revenues generated by the management of the assets of the Foundation constitute the Foundation’s income.
PERMISSABLE ACTIVITIES FOR FOUNDATION TO FULFILL ITS OBJECTIVES
Article 7: In order to achieve its goals, the Foundation, as mentioned in Article 48 of Turkish Civil Code, is authorized and entitled to acquire and use rented, sold, donated and willed movable and immovable properties save those restricted by law in accordance with legal rules and regulations concerning the foundations, to sell, transfer or alienate its assets, to collect revenues and to spend them, to make investment with the Foundation’s assets in real estate and/or with the revenues generated by those assets, to manage the assets and funds acquired through donations, will, purchase and other means, to buy and to sell securities for investment in line with the objectives of the Foundation, to collaborate with national foundations, corporate and individual entities and provided that the legal consent it obtained with international foundations, corporate and individual entities operating in areas similar to the Foundation’s objectives, to receive assistance from them, to sign agreements to receive assistance from them, to acquire and exercise incorporeal rights such as tenancy, access, abode, transfer, mortgage and pledge, receive revenues and securities established by agreements for mortgaged or pledged properties be it real estate or not, receive bank guarantees, to borrow for carrying out the mission and objectives of the Foundation, give out pledged and mortgaged securities and guarantees, to receive revenues from projects that are realized or to be realized according to the objectives and mission of the Foundation, to undertake or to join, and to manage or to assign someone to manage financial enterprises that will work according to the conventional business principles for the purposes of generating income for the Foundation, to liquidate and to leave partnership when necessary, to make agreements for ventures, disposals, acquisitions and constructions that are deemed necessary to realize one or more of the objectives and missions of the foundation.
The Foundation is not going to exercise its rights and use it revenues for illegitimate purposes banned by Turkish Civil Code.
THE FOUNDATION’S ORGANS
Article 8: The Foundation’s organs are as follows;
- a) Board of Trustees,
b) Executive Board,
c) Supervisory Board,
d) Higher Committee of Advisors
BOARD OF TRUSTEES
Article 9: The board of trustees consists of twenty one persons mentioned at the end of the Articles of Foundation as of 31/12/2001.
A- Authority and Responsibilities
The board of trustees elect the members of the executive board and the members of the supervisory board and change them when deemed necessary. It decides on the amendments in the articles of foundation and on the termination of the foundation. It makes the decisions on the rules and regulations regarding the foundation. It determines the general policies regarding the activities of the foundation. It elects a president and deputy president for 5-year-term from among its members. It decides whether the members of the supervisory board receive per diem and how much they would receive.
B- Decision Quorum and Meeting Quorum
Every year in February the board of trustees meets upon the call of the executive board. The board of trustees holds extraordinary meeting upon the petition of the president, or of the executive board, or of the supervisory board or of one third (1/3) of the full number of members.
In the event of the president’s absence, the deputy president presides of the meeting. The executive board undertakes secretarial operations of the meeting. The members are called to the meeting via registered mail. A member is not able to represent another member until and unless the warrant letter is furnished. The quorum is one more than half of the full number of members. If the quorum is not met in the first meeting quorum is not going to be sought in the second meeting. The quorum cannot be less than one third (1/3) of the full number of members. The decision quorum is one more than the members present in the meeting. The quorum for electing a new member to replace the member who left the office and the quorum for an amendment in the articles of foundation is two third (2/3) of the number of members.
Members of Board of Trustees; Fehmi Bülent Yıldırım, Hüseyin Oruç, Zeyid Aslan, Ali Yandır, Murat Yılmaz, Yavuz Dede, Yaşar Kutluay, Osman Atalay, Muhammet Hanefi Kutluoğlu, Emin Şen, Murat Yaşa, Hakan Albayrak, Bülent Alan, Hayrettin Şahin, Hacı Ali Aydın ve Yusuf Şahin.
The executive board consists of seven members and two associate members who serve the office for two years. The majority of the board members are elected from among the trustees. The board elects a president, a vice president, a general secretary and a treasurer. The associate members take turns to replace the member, who leaves the office, for his term of office only.
B- Authority, Duty and Responsibilities
The Executive Board takes and executes all decisions in line with the mission of the Foundation.
It carries out all activities and operations of the Foundation in compliance with the rules and regulations.
It prepares internal statute and regulations and presents it to the approval of the board of trustees.
It represents and binds the Foundation.
Provided that his duty, authority and responsibilities are explicitly stated, it appoints general manager of the Foundation. It sets up office of general secretary and similar assistant units and terminates them when necessary.
It follows up on the accounting and bookkeeping of the Foundation, checks on them and draws announces and submits the statement of revenues and expenses and balance sheets at the end of each fiscal year to the relevant body.
It undertakes all relevant duties stated in the statute of the Foundation and in the Articles of the Foundation.
AMENDING THE ARTICLES OF FOUNDATION
Article 11: Amendment in the articles of foundation cannot be undertaken until and unless two third of full number of trustees vote in favour and all legal procedures are fulfilled.
TERMINATION AND LIQUIDATION OF THE FOUNDATION
Article 12: When and if achieving the objectives of the Foundation becomes unfeasible the board of trustees is called for a meeting by the president or any other member. The situation of the Foundation is discussed in the meeting. The termination decision shall not be confirmed unless all trustees should vote in favour of the motion to terminate the Foundation. How to deal with the assets of the Foundation shall be decided by the board of trustees as well.
Article 13: The Supervisory Board consists of three persons elected by the board of trustees from among the trustees. The Supervisory Board members’ term of office is two years.
The Supervisory Board prepares an audit report and submits it to the head of board of trustees after auditing financial activities, accounting books and records of the Foundation.
HIGHER COMMITTEE OF ADVISORS
Article 14: Higher Committee of Advisors is the organ where issues are discussed. The committee consists of persons selected by the Executive Board from among those with outstanding research and studies in their field of profession and those who gave financial and moral support to the Foundation..
The committee meets when Executive Board calls for a meeting and takes decisions in advisory capacity.
FOUNDATION’S REVENUES AND THEIR ALLOCATION
Article 15: The board shall allocate one fifth of the revenues to the overheads and maintenance of administration, contingency and investments to increase the foundation’s assets while it will allocate the remaining four fifth to the activities and operations that serve the mission of the foundation.
Article 16: The founders of IHH are Fehmi Bülent Yıldırım and Mahmut Savaş.