STATUTE

On the basis of the Article 10 and 12 of the Law on Associations and Foundations of Bosnia and Herzegovina (Official Gazette of B&H, No 32/01 and 42/03), the Assembly of the Press Council in Bosnia-Herzegovina, at the session held on 28th of February 2009 in Sarajevo, has adopted:


Amendment and Addendum to the

STATUTE 

of the Press Council in Bosnia-Herzegovina

1. General provisions

Article 1

The Association is established by the Decision on Establishment in accordance with the Law on Associations and Foundations of Bosnia and Herzegovina, issued by the Establishing Assembly of the Association at the session held on 13th December 2006 in Sarajevo, with mission to improve and protect the professional standards in print media of Bosnia and Herzegovina.

Article 2

This Statute, in accordance with the Article 12 of the Law, defines:
- name of the Association, short name, if applicable, and address of the Association
- objectives of the Association
- admission requirements and terms of membership
- bodies of the Assembly, ways of their election, their authorisations, quorum and vote procedure, duration of mandate, person in charge for summoning the Assembly, terms and ways of adjourn, i.e. termination of work
- rules for acquiring, using and dealing with means of the Association, as well as body authorised for controlling the usage of such means
- publicity of work
- procedures for changing and amending the Statute, authorisation over and procedure for adopting other general acts
- description of form and content of the stamp
- representation of the Association
- conditions and procedures for acquisition, disunion, transformation or adjourn, i.e. termination of work of the Association, including any special quorum or rules for attaining the necessary majority in the election procedure
- procedure for disposal of the remaining assets or other means in the case of adjournment or termination of work of the Association
- and other issues important for work and accomplishment of objectives of the Association

Article 3

The Association is non-government, non-political and unprofitable organisation that, by principle of free and voluntary accessing to the Association, gathers its members due to accomplishment of objectives and activities set by this Statute.

Article 4

The Association gains capacity of the legal person by registering at the authorised Ministry. In legal terms, the Association acts independently, in its own name and within its legal capacity shall perform all activities of legal matter.

Article 5

For all legal obligations, the Association is liable with its entire assets - complete responsibility.

Article 6

Members of the Association have their own day. The Day of the Association is 13th December.

2. Name and headquarters of the Association

Article 7

The name of the Association is:
- Vijeće za štampu u Bosni i Hercegovini
- Vijeće za tisak u Bosni i Hercegovini
- Савјет за штампу у Босни и Херцеговини 

The name of the Associations in English language:
The Press Council in Bosnia-Herzegovina

Article 8

The headquarters of the Association is in Sarajevo, Trampina Street No. 8.

The Association might have offices, departments and other organisational forms outside the headquarters (central office), at the territory of whole Bosnia and Herzegovina, with the purpose of carrying out its activities and accomplishing its objectives.

Decision on opening the organisational forms from the paragraph 1 of this Article shall be adopted by the Board of Directors of the Association, with majority vote of whole membership of the Board of Directors. This Decision shall also determine name and headquarters, activities, procedures for handling the statutory activities, number of implementers and other issues important for work of such organisational forms.

Article 9

The Association might change the name and headquarters, based on proposal of the Board of Directors. Decision on changing the name and headquarters of the Association shall be adopted by the Assembly of the Association.

Article 10

The Association acts at the territory of whole Bosnia and Herzegovina.

3 - Objectives and activities of the Association

Article 11

Objectives and activities of the Association:

1. Improvement and protection of journalistic profession via improvement and protection of ethical standards in the press, as well as via strengthening of the self-regulation for print media in Bosnia and Herzegovina.
2. Monitoring of the application of professional standards of journalistic reporting in Bosnia and Herzegovina
3. Interceding for the freedom of press and freedom of informing
4. Providing expert and advisory help to members of the Association and general public
5. Holding seminars, workshops, conferences, debates, with aim to improve work of its members and general public
6. Initiating with the authorised bodies creation of conditions necessary for the undisturbed development of the sustainable self-regulatory body for print media in Bosnia and Herzegovina, via law and other legal regulations
7. Exchange of experience and information with similar Associations and other non-government organisations in the country and abroad
8. Publishing of books, brochures, bulletins and other publications, as well as creation of the web site, due to accomplishment of the objectives of the Association 

Article 12

The Association performs related activities in the field of economy immediately connected with accomplishment of the basic statutory objectives and activities of the Association from the Article 11 of this Statute (publishing activity), but total profit is being reinvested in the basic unprofitable statutory activities of the Association (maintaining of conferences, seminars, expert meetings, sessions, etc.).

Performing of unrelated activities which are not connected to statutory objectives and activities, the Association can perform only via specially established legal person in accordance with the Law.

4- Membership of the Association

Article 13

Status of a member of the Association can achieve any legal person registered at the territory of Bosnia and Herzegovina at the authorised body, which performs activities within the field of journalism and print industry, providing that they accept this Statute and objectives of the Association under the terms specified by Law and this Statute.

Status of a member of the Association can achieve any natural person, citizen of Bosnia and Herzegovina or foreign citizens with residence in Bosnia and Herzegovina, by act of signing the Admission Form of the Association, by the principle of voluntarism, under the conditions from the paragraph 1 of this Article.

Representatives of the associations, journalistic associations in Bosnia and Herzegovina cannot be from media that the publishing outlet is presenting in the Association.

Article 14

Membership in the Association is voluntary.

Members of the Association can be: permanent, consolidated and honorary.
The Association is keeping the register of members of the Association.
The membership card is issued to the member of the Association.

Article 15

Permanent members of the Association can become legal and natural persons that gained status of a member of the Association in accordance with the Article 13 of this Statute.

Consolidated members join the Association in order to participate in realisation of the Association's objectives.

Honorary members of the association are persons who had contributed immensely to work and development of the Association, who materially and in other ways help the Association, without the voting power. Honorary members of the Association are involved in the work of the Association by their advisory role.

Decision on admission to membership of the Association is adopted by the Assembly of the Association, on the basis of the proposal by the Board of Directors.
 
Article 16

Rights and duties of members of the Association are:

- to adhere provisions of this Statute
- to morally and in other ways preserve integrity of the Association
- to choose and be chosen into bodies of the Association
- to be involved in work of the Association
- to actively participate in achievement of objectives and activities of the Association in accordance with this Statute
- to analyse and evaluate work of the Association
- to initiate issues of responsibility and exclusion of the Association's members
- to be timely informaed on activities of the Association
- to participate all events organised by the Association, give proposals, ask questions and seek answers
- to achieve certain rights and privileges, in accordance with decisions and other acts of the Association
- to seek help and support from the Association when dealing with professional and other issues

Members of the Association are equal in achieving their rights and duties.

Article 17

Membership in the Association cease:

- by voluntary departure from the Association, based on the written notification addressed to the Chairman of the Association
- by exclusion from the Association, due to violation of the Statute and decisions of bodies of the Association
- by exclusion from the Association, due to undermining of the Association's reputation
- by termination of the status of a legal person
- due to non-payment of the fee more than three months
- in the case of death of the member
- by termination of work of the Association

Decision on cessation of membership of the Association shall be adopted by the Board of Directors, on proposal of the Chairman of the Association. Member of the Association shall be notified in written form on exclusion from the Association, with explanation of reasons for such act.

Person dissatisfied with decision from the previous paragraph can complain to the Assembly of the Association within 15 days from the day of receiving the decision. The Assembly of the Association shall analyse the complaint at the first session and make the Final decision.  During analysis of the complaint, rights of the excluded member shall be suspended.

Article 18

The Assembly of the Association can adopt the general act, which can, in accordance with the Law and this Statute, closely define ways and procedures on entering and terminating the membership at the Association. 

5. Bodies of the Association and process of making decisions in the Association

Article 19

Bodies of the Association are:

1. The Assembly
2. The Board of Directors
3. The Executive Director

Article 20

Bodies of the Association are obliged to:

1. within their rights and duties, perform activities consciously, in accordance with this Statute and other acts of the Association
2. develop and improve work of the Association and to inform membership and public on it
3. ensure immediate involvement of members in management and their active involvement in fulfilment of objectives and activities of the Association

5.a - The Assembly of the Association

Article 21

The Assembly is the highest body of the Association.
The Assembly consists of all members of the Association.

The Assembly of the Association elects the Chairman of the Assembly of the Association and two Deputy Chairmen of the Assembly of the Association. They are elected out of whole membership of the Association.

The Assembly of the Association is administered by the Chairman of the Assembly.
Mandate of the Chairman of the Assembly of the Association and Deputies Chairmen of the Assembly of the Association lasts two (2) years, with possibility of re-election. 

Article 22

The Assembly of the Association meets where appropriate, but at least once a year.

The Assembly is summoned by the Chairman of the Assembly of the Association, and in absence of the Chairman, the Assembly is summoned by one of two Deputy Chairmen of the Association, no later than 15 days prior its assembling.

Chairman of the Assembly of the Association is obliged to summon the Assembly upon request of at least 1/3 of total number of members of the Assembly. The Assembly of the Association can also be summoned upon request of 2/3 of total numbers of members of the Board of Directors.

Article 23

The Assembly of the Association works and makes decisions at sessions, in accordance with this Statute and other acts of the Association, when more than half members of the Assembly are present.

The Assembly can legitimately make decisions when more than half members of the Assembly are present, unless differently defined by this Statute.

Declaration at the sessions of the Assembly of the Association is public.

Article 24

Members of the Assembly of the Association cannot vote on issues concerning them, their spouses or their kin and next to kin, on issues related to subject under control of a member, or on issues involving certain economical interest of a member of the Association.

Members of the Association are obliged to ensure that all financial transactions of the Association are conducted by the equitable market value, i.e. under terms best for the Association.

Article 25

The Assembly of the Association:
- analyses and adopts the Statute of the Association and its changes and addendum
- approves the legal activities conducted in process of establishment of the Association
- adopts general acts of the Association and their changes and addendum  
- establishes the general policy of the Association
- nominates and recalls members of the Board of Directors
- nominates and recalls Chairman and two Deputy Chairmen of the Board of Directors of the Association
- nominates person authorised for representation of the Association in legal matters
- nominates and recalls the Executive Director of the Association
- controls usage and dissemination of means of the Association
- adopts the action plan for each calendar year
- adopts the financial plan, final narrative and financial report on work of the Association's bodies, and provides guidelines for the future work
- makes decisions on amount and ways for payment of fees, i.e. annual support to the Association and on usage of fees, within the Statute and the Law
- elects delegates in appropriate bodies and organisations that, within its scope of activity, are dealing with issues of interest for members of the Association
- makes decisions on associating in Alliances, merger, separation, transformation and termination of work of the Association, as well as on other statutory issues and changes within the Association
- makes decisions on requests and complaints of members of the Association
- discusses and decides on other issues that do not fall under authorisation of other bodies of the Association

Certain activities falling under its authorisation the Assembly can entrusted to the Board of Directors, if that is not confronting provision of this Statute.  

Chairman of the Assembly of the Association and Deputy Chairmen of the Assembly of the Association

Article 26

The Assembly of the Association elects Chairman of the Assembly of the Association and two Deputy Chairmen of the Assembly of the Association. They get elected from entire membership of the Assembly of the Association. Chairman of the Assembly of the Association and Deputy Chairmen of the Assembly of the Association are reporting to the Assembly of the Association.

Article 27

The Chairman of the Association Assembly has following duties:

- summons the Assembly of the Association
- proposes agenda for the Assembly of the Association
- takes care on fulfilment of decisions, conclusions and other acts of the Assembly of the Association
- co-ordinates work of bodies of the Assembly
- informs public on work of the Association
- performs other duties assigned by this Statute and other general acts of the Association
- represents and presents the Association in legal terms

In the case of absence of the Chairman of the Association Assembly, one of two Deputies is replacing him/her, with all rights and duties of the Chairman of the Association Assembly. 

5.b - The Board of Directors of the Association

Article 28

The Board of Directors of the Association is the executive body of the Association, which organises and co-ordinates work of the Association between two sessions of the Assembly of the Association, and conducts all activities of the Association in accordance with the program, financial plan and decisions of the Assembly.

Article 29

The Board of Directors has 9 members, nominated by the Assembly of the Association for the period of two (2) years, with possibility of re-election. 

The Board of Directors of the Association elects Chairman of the Board of Directors of the Association and two Deputy Chairmen of the Board of Directors of the Association. They get elected from the nominated members of the Board of Directors of the Association. 

Article 30

The Board of Directors of the Association meets where appropriate, but at least three times per year. It is summoned by the Chairman of the Board of Directors of the Association or, in his absence, by one of two Deputy Chairmen of the Board of Directors of the Association, no later than 15 days prior its assembling.

Article 31

The Board of Directors of the Association conducts its rights and authorisations based on this Statute and other acts of the Association:

- prepares session of the Assembly
- prepares draft Statute and other acts adopted by the Assembly
- conducts policy, conclusions and other decisions by the Assembly
- makes decisions on usage of the Association means, in accordance with the financial plan
- affirms semi-annual and annual report on accomplishment of the annual activity plan
- issues semi-annual and annual report on its work to the Assembly, for the adoption
- nominates and releases members of the Complaints Commission of the Assembly
- makes decisions on awards and acknowledgements
- makes decisions on purchase, selling and deduction of means
- analyses and decides on proposals and reports by the Executive Director
- performs other duties entrusted by the Assembly in accordance with the Law and this Statute

Article 32

The Board of Directors can bring decision on establishment of different bodies and expert commissions within the Association that will act towards accomplishment of the Association objectives, as well as administrative-technical services for conducting the operations of the Association. 

Article 33

The Board of Directors can legitimately bring and adopt decision when more than half membership is present. Decisions falling within authority of the Board of Directors of the Association are adopted by vote of more than half membership of the Board of Directors.

All members of the Board of Directors of the Association have right to vote, and their declaration at sessions of the Board of Directors is public.

Article 34

Member of the Board of Directors can be released from duty before expiration of his/her mandate:

- on personal request
- if unjustifiably not attends 3 meetings in sequence
- if jeopardises integrity of the Association
- in other cases foreseen by Law, this Statue and other acts of the Association

Termination of membership is discussed and decided by the Board of Directors of the Association, and decision is verified by the Assembly of the Association.

Chairman of the Board of Directors of the Association and Deputy Chairmen of the Board of Directors of the Association and Chairman of the Association

Article 35

Chairman and two Deputy Chairmen of the Board of Directors of the Association are at the same time the President and Deputy Presidents of the Association.

Article 36

Chairman of the Steering Board of the Association has duties and obligations:

- to summon sessions of the Board of Directors self-initially or upon request of at least 1/3 of all members of the Board of Directors
- to manage with work of the Board of Directors
- to carry out the action plan, decisions, conclusions and guidelines of the Assembly of the Association
- to issue orders for realisation of the budget of the Association
- to sigh acts adopted by the Board of Directors
- to make immediate contacts, self-initially or via members of the Steering Board, with all subjects that can provide material or other sort of help to the Association
- to prepare analysis, information and other materials for the Assembly
- to perform other duties as assigned by the Assembly and the Board of Directors of the Association 

 5.c. - Executive Director of the Association

Article 37

The Association has its Executive Director, nominated by the Assembly of the Association, for period of four years with possibility of re-election. The Executive Director is subordinated to the Board of Directors of the Association and the Assembly of the Association.

Article 38

The Executive Director has duties and obligations:

- to responsibly and in accordance with the Law conduct activities of the Association
- to participate in work of all bodies of the Association
- to propose the Strategic Plan and the Activity Plan for the current and following year, as well as the Financial Plan, to the Board of Directors
- to undertake measures and activities regarding conducting of the adopted annual plan, decisions and other acts adopted by the Assembly or the Board of Directors of the Association
- to submit annual and periodical reports on its work to the Steering Board of the Association, for the adoption
- to represent and present the Association in public, with authorisation of the Chairman of the Association
- to be responsible for the organisation and performing of activities in the administrative-technical service of the Association and other departments, if applicable, according to the Book of Rules containing job descriptions and systematisation of positions
- to perform other duties in accordance with the Law and this Statute
- to present and represent the Association in legal terms

Article 39

The Executive Director can be released of duty prior expiration of his/her mandate:

- on personal request
- if he/she does not properly performs tasks and duties assigned by the Assembly and the Board of Directors of the Association 
- in other cases foreseen by the Law and this Statute

Article 40

Decision on releasing the Executive Director adopts the Assembly of the Association.

6. - Complaints Commission

Article 41

Within the Association acts advisory body the Complaints Commission, nominated by the Board of Directors of the Association, within all members of the Association, for the mandatory period of two (2) years, with possibility of one re-election.

The Complaints Commission consists of eight (8) members, elected by the principle:
- two (2) members of the newspaper publishers in Bosnia and Herzegovina
- two (2) representatives of journalists from Bosnia and Herzegovina
- four (4) representatives of the public life in Bosnia and Herzegovina who are not professionally attached for journalism in print media, but have experience in self-regulation of print media

Nominated Complaints Commission elects Chairman of the Complaints Commission and one Deputy Chairman of the Complaints Commission, out of members of the Complaints Commission, with task to summon and chair sessions of the Complaints Commission.

Article 42

Members of the Complaints Commission cannot be members of the Board of Directors of the Association, politicians, distinguished members of political parties or activists at the polling stations in Bosnia and Herzegovina.

Article 43

The Complaints Commission has obligations and authorisations:
- to analyse complaints of public on print media reporting in Bosnia and Herzegovina
- to analyse results of the press monitoring
- to monitor application and initiate issues of breach of the Press Code in all print publications in Bosnia and Herzegovina.

Article 44

The Complaints Commission of the Association can legitimately issue and adopt decisions when more than half members of the Commission are present. All members of the Commission have a right to vote and their declaration in public. Decisions are being adopted by majority vote of total number of the members of the Complaints Commission.

Article 45

The Complaints Commission of the Association meets when necessary, at least 4 times per year.
More detailed description of work of the Complaints Commission shall be regulated by the Book of Rules on work of the Complaints Commission, adopted by the Board of Directors of the Association, and confirmed by the Assembly of the Association.

7. Assets of the Association

Article 46

Assets of the Association consist of financial means, mobile and immobile assets. Mobile and immobile assets consist of basic means and inventory.

Article 47

Sources of income of the Association:

- fee
- state grants
- donations or gifts from public institutions, physical and legal persons, domestic and foreign, in cash, services or assets of any sort
- interest, rent, honoraria and similar sources of passive income, gained through activities of the Association and accomplishment of objectives, as defined by the Statute
- other sources in accordance with the Law and this Statute

Amount and ways of reimbursement of fees, as well as ways of using means from the fee, is regulated by the Decision on fees, adopted by the Assembly of the Association.

Article 48

The Executive Director is responsible for all financial-material activities of the Association. The Executive Director reports to the Board of Directors. The Board of Directors submits for adoption the annual financial plan to the Assembly of the Association.
If by any reason the Association cannot be summoned, the temporary financial plan and report shall be adopted by the Board of Directors of the Association.

In accordance with the financial plan and program, means of the Association can be used only in purpose of achieving objectives of the Association.

Article 49

In accordance with this Statute and Law, the Board of Directors of the Association is authorised for achievement, usage and application of means of the Association.
Decisions on incomes, expenses, loss cover and deduction of non-chargeable claims adopts the Board of Directors of the Association, in accordance with the financial plan and program of the Association, and confirmed by the Assembly of the Association.

Article 50

Achievement, usage and distribution of means of the Association is defined by the financial plan (with accompanying income, activities and established priorities), adopted by the Board of Directors, and confirmed by the Assembly of the Association.  

Article 51

Persons at positions in the Association and other persons can be designated certain financial compensation for covering costs they used when performing entrusted jobs and tasks. Decision on compensation from the previous paragraph shall be adopted by the Board of Directors of the Association.

Article 52

Material-technical business of the Association shall be conducted in accordance with generally accepted accounting principles, with obligation of submitting semi-annual and annual financial report, in accordance with current legislation.

Supervision over the usage and distribution of means of the Association is conducted by the Assembly of the Association.

Article 53

The Board of Directors can adopt book of rules and acts that will closely arrange ways of attaining and distributing means.

8. Merger, separation, transformation and termination of work of the Association

Article 54

The Association can merge, separate or transform only to another association.

Decision from the previous paragraph adopts the Assembly of the Association with two-third majority votes of all members of the Association. This Decision regulates name and headquarters of the Association, as well as distribution of means, rights and obligations, and other statutory issues.

Article 55

The Association can terminate its work voluntarily or by force of the Law.

Decision on the voluntary termination of work, the Assembly of the Association adopts with two-third majority votes of all members of the Association.

At the same time it adopts plan of liquidation of the Association, that defines distribution of means, rights and obligations of the Association, in accordance with the Law and this Statute, with obligatory regulation all legal and contracted debts.

In accordance with the decision of the Assembly of the Association, the remaining assets, after regulation of debts from the previous paragraph, shall be awarded to another association that performs same or similar statutory activities.

Article 56

Initiative for termination of work of the Association can give 1/3 of all members of the Association, if:

- number of members of the Association is reduced under the legally foreseen minimum for establishing the association
- the Association does not perform activities two (2) years in sequence, and financial status is zero
- in other cases foreseen by the Law

Initiative for termination of activities of the Association shall be submitted to the Chairman of the Association, who is preparing materials for the Assembly.

Article 57

The Association shall terminate its work by the force of the Law in accordance with provisions of the Article 5 and Article 52 of the Law. The Association is obligatory to report any statutory change to the authorised Ministry in legal time framework.

9. Publicity of work

Article 58

Work of all bodies of the Association is public. Publicity of work is achieved by immediate informing via media.

Article 59

The public shall be regularly informed on positions, conclusion and business decisions of the Association via press releases and web site www.vzs.ba and members of the Association via bulletins, telephone, e-mail and regular post submitted to personal addresses of the members.

Each member of the Association has right to verbally or in written form submit questions regarding any conclusion, adopted decision or any other segment of work of the Association, and gain authentic response to that question, in shortest possible period of time.

The administrative-technical service of the Association is responsible for publicity of work of the Association.

10. Statutory and other issues of the Associations

Article 60

Changes and addendum of the Statute shall be adopted by the Assembly of the Association, with two-third majority of votes of all membership of the Association.

Initiative for changes and addendum of the Statute of the Association can submit 2/3 of total number of members of the Association. The initiative shall be submitted to the Board of Directors of the Association, who shall prepare proposal for changes and addendum of the Statute of the Association for the Assembly. Final decisions on changes and addendum of the Statute shall be adopted by the Assembly of the Association.

Article 61

Association can, besides the Statute, have other general acts. Bodies of the Association shall adopt general acts of the Associations: book of rules and decisions, which have to be in accordance with the Law and this Statue.

11. Stamp of the Association and Logo of the Association

Article 62

The Association has round stamp diameter of 4 cm, with round text:

"Vijeće za štampu u Bosni i Hercegovini, Vijeće za tisak u Bosni i Hercegovini, Савјет за штампу у Босни и Херцеговини, place Sarajevo", name in English language "The Press Council in Bosnia-Herzegovina", and logo in the middle.

Article 63

Usage, storage and destruction of the stamp of the Association shall be regulated by the special instructions of the Steering Board of the Association, being taken care of by the Executive Director.

Article 64

The Association has its logo. Logo of the Association is vertical comprising of the five horizontal lines of the same size rising from the basic line which is two times shorter that the others. The logo is dark grey.

12. - Representation and presentation of the Association

Article 65

In the legal matters, the Association is presented and represented by the Executive Director and the Chairman of the Assembly, with its authorisation foreseen by this Statute and the Law. 

Article 66

In procedures when the Association acts as the party in terms of accomplishment of certain rights, duties and responsibilities at the authorised bodies, the Chairman of the Assembly of the Association can give written authorisation to the lawyer for representation, or any other expert person. 

13. Transitional and closing provisions

Article 67

this Statute shall become valid on day of its adoption, and shall be applicable from the day of registering at the authorised Ministry Register.

Article 68

Explanation of this Statute shall be given by the Assembly of the Association


No. 001/09
Sarajevo, 28th of February 2009

 

Chairman of the Assembly:
Erbein Residbegovic