▶ Preamble

House of Democracy and Human Rights Foundation

This foundation aims to promote the ideas of the civic movements that emerged during the democratic revolutions of 1989 and have since become a societal factor in Germany, Central, and Eastern Europe.

• That significant political and societal changes can be achieved non-violently, provided they are not dictated by parties and their power politics or ruling knowledge.
• That the democratic unification of the two German societies can only be achieved by continuing and incorporating their own political approaches from the revolution in the GDR.
• That Germany's unification is only a part of the broader task of articulating Central and Eastern Europe's identity in the educational process of the new Europe.
• That after the collapse of the systems, the reconstruction of the East cannot proceed without the transformation of the West if the future united Europe is to become a common democratic project of all participating nations.

The Foundation House of Democracy and Human Rights aims to provide a non-partisan intellectual and organizational center in Germany for organizations and individuals committed to these goals.

§ 1 - Name. Domicile. Legal form

1. The Foundation bears the name "House of Democracy and Human Rights Foundation".
2. It is a foundation with the legal status of a civil law foundation.
3. Sie hat ihren Sitz in Berlin.

§ 2 - Purpose of the Foundation

(1) The foundation serves exclusively and directly charitable purposes within the meaning of §§ 51 ff. of the German Tax Code (Abgabenordnung).

(2) The purpose of the foundation, subject to the provisions of § 2a of the statutes, is the promotion of:

• a) education, general and vocational training.
• b) youth care and youth welfare.

(3) The purpose of the foundation is realized in particular: Regarding paragraph 2a):

By promoting civic education and analyzing the reunification process of the two German states, as well as providing information about the role of citizens' movements, with particular consideration of the "round table" model as a form of democratic self-organization by citizens for the non-violent assertion and enforcement of their interests, and—after the dissolution of the GDR—examining and evaluating the role of self-organized citizens during the reunification process and in unified Germany, by promoting the democratic state system.

In particular:

• * By initiating a discourse, using the insights and experiences gained from democratic self-organization to further develop democracy in unified Germany;
• * By supporting activities, initiatives, and groups that advocate for the non-violent realization of fundamental and human rights, gender equality, tolerance, freedom of expression, and participation in society and the economy; in doing so, the ideas of citizens' movements, as they unfolded during the democratic revolutions of 1989 and have since become a societal factor in Germany, Central, and Eastern Europe, shall also be promoted.
• * By organizing and promoting discussion and lecture events, as well as seminars;
• * By maintaining or providing conference facilities;
• * By publishing various types of publications and engaging in media and public relations work;
• * By awarding prizes, supporting exhibitions, and creating advisory services to promote the idea that economic and ecological resources are constantly diminishing, and therefore, cooperative self-help among those affected is an essential approach to solving problems in the fields of social welfare, culture, environmental protection, etc.

Regarding paragraph 2b): In the field of youth care and youth welfare

• * By supporting youth initiatives to convey the principles outlined in the preamble and under section a);

(4) The foundation is politically and denominationally independent and unaffiliated.

(5)The allocation of foundation funds is decided by the foundation's board of trustees.

§ 2a - Achievement of purpose depending on the foundation's assets

(1) As long as the foundation is endowed with the initial capital of DM 100,000.00, the purpose of the foundation (§ 2 of the statutes) shall be limited to the tasks under § 2 paragraph 2a) in conjunction with paragraph 3a), first sentence. The realization of this purpose shall be achieved through the dissemination and/or publication of information about the role of civil rights movements in the former GDR.

(2) In the event of an increase in the foundation's assets, the board of trustees, in accordance with § 10 paragraph 3 letter 1, shall decide which additional purposes under § 2 paragraphs 2 and 3 shall be realized.

§ 3 - Foundation assets

1. The assets of the Foundation shall be preserved undiminished.
2. The assets of the foundation within the meaning of paragraph 1 shall include donations which are expressly paid by the The foundation may also make donations to the foundation for the purpose of increasing the foundation's assets. All other Grants serve as current income for the direct realization of the purpose of Foundation according to § 2 of the statutes.

§ 4 - Funds of the Foundation

• (1) The funds of the foundation may only be used to cover the foundation's costs and to fulfill its purpose. There is no legal entitlement to the allocation of foundation funds. The allocation of funds is decided by the board in accordance with § 7, paragraph 1, letter b.
• (2) No one may be favored through administrative expenses, benefits, or allocations that are incompatible with the foundation's purpose, or through disproportionately high remuneration.
• (3) The foundation operates selflessly; i.e., it does not primarily pursue its own economic interests.
• (4) Available foundation funds may be partially allocated to a reserve, provided this does not conflict with any conditions imposed by donors and is permissible under charitable law.

§ 5 - Organs of the Foundation

1. The organs of the Foundation are the Board of Directors and the Board of Trustees.
2. The organs have to administer the foundation within the scope of the tasks assigned to them by the statutes in such a way that the long-term realisation of the purpose of the foundation is guaranteed. The principles of economy and thrift as far as the care of a prudent businessman is concerned must be observed. The organs shall cooperate in a spirit of trust in order to realise the purpose of the Foundation; in particular, they shall inform each other by exchanging invitations, agendas and minutes of resolutions.
3. Subject to sentence 4, the members of the organs of the foundation shall carry out their activities on an honorary basis. However, they are entitled to reimbursement of their travel expenses in accordance with the application of the Federal Travel Expenses Act and their necessary expenses. The Board of Trustees may decide on a lump sum for the reimbursement of expenses. Insofar as the Foundation's funds are available without a member of the Executive Board may be remunerated as a managing member of the Executive Board appointed by the Board of Trustees.

§ 6 - Board of Directors

1. The Board of Directors consists of at least one, at most three persons who are members of the Board of Trustees. pursuant to § 10 para. 3 letter a) for a term of office of 3 years in the case of the first election (establishment of the foundation) and for 2 years in the case of subsequent elections. However, he remains in office until the new election of the executive committee. The executive committee appoints from among its members, if it consists of two or three persons, by unanimous resolution a chairperson and a Deputy Chief Executive Officer. If no agreement can be reached within the Board of Directors, the Board of Trustees shall appoint the members of the Board of Trustees by majority vote of the members of the Board of Trustees present.
2. The members of the Board of Directors may be dismissed by the Board of Trustees before their term of office expires. Dismissal is permissible if the Board of Trustees simultaneously appoints a successor for the remaining term of office of the member of the Board of Trustees who has been dismissed (constructive vote of no confidence).
3. If a member of the executive committee resigns from office before the end of his term of office for other reasons, a substitute member shall be appointed within 3 months for the remaining term of office of the resigning member.

§ 7 - Tasks of the Board of Directors

1. The Board of Directors administers the Foundation, conducts its business and ensures that the resolutions of the Foundation bodies are implemented. It performs all administrative tasks unless they are expressly assigned to other organs of the Foundation. In particular, it is responsible for
   1. the administration of the foundation's assets.
   2. the allocation of funds in accordance with the decision of the Board of Trustees in accordance with § 10 Para.Para 3d).
   3. the establishment of the board of trustees to be approved business plan.
   4. the preparation of the annual financial statements in accordance with § 12 (4) of the Articles of Association.
   5. the preparation of the annual report on the fulfilment of the foundation's purpose in accordance with § 12 para. 5 of the articles of association.
   6. participation in the meetings of the Board of Trustees.
   7. Election of the chairperson and his/her deputy.
2. The Executive Board represents the Foundation in and out of court. If the board consists of two members, each member represents the foundation alone. If the Executive Board consists of three members, the Foundation shall be jointly represented by two members.
3. The Management Board may employ or commission staff for current business, but only for remuneration if sufficient funds are available for this purpose.
4. The sale of real estate and legal transactions, which in individual cases oblige the Foundation to pay more than DM 50,000.00, require the prior consent of the Foundation in the internal relationship. Board of Trustees.

§ 8 - Resolutions of the Executive Board

1. The Executive Board makes its decisions by majority vote. If it consists of several members, the presence of two members is required to constitute a quorum.
2. If resolutions are passed by written circulation, the consent of all members of the Executive Board is required.
3. Each board member can veto decisions of the board with the result that the board of trustees has to decide on the matter. The veto is to be addressed to the Chairman of the Board of Trustees within one week by registered letter and is only effective if the resolution against which the veto is directed is designated and the veto is justified.

§ 9 – Board of Trustees

(1) The Board of Trustees consists of:

a):

b) An equal number of persons, corresponding to the number of Board members in letter a), appointed according to paragraph 4.

c) The appointing organization under paragraph 1a) may nominate a deputy in case the member is prevented from fulfilling their duties.

(2) The term of office of the Board members is five years for the first election (foundation of the foundation) and three years for subsequent elections. Re-election is permitted. All election procedures should be organized to ensure, as far as possible, gender parity in the composition of the foundation's bodies.

(3) The appointment of members under paragraph 1a) takes place—if the organization is a non-legal entity—through a documented meeting of the members conducted according to the principles of association law (§§ 21 ff. BGB). Otherwise, the appointment is carried out by the body designated by the organization's statutes or contract.

(4) The initial election of additional Board members under paragraph 1b) is carried out by the members of the Board appointed according to paragraph 1a). All subsequent elections are conducted by all present members of the Board.

Each member under paragraph 1a) may submit two nominations. The Board members under paragraph 1b) are not entitled to submit nominations, except in the case of paragraph 8. The election is conducted by secret written ballot. The persons receiving the most votes, but at least three votes, are elected. The voting process must be repeated if necessary until at least three votes are obtained.

(5) Board members under paragraph 1a) and their deputies under paragraph 1c) may be replaced at any time. Appointments and dismissals must be made in writing to the chairperson of the Board.

(6) Board members under paragraph 1b) can only be dismissed by a two-thirds majority of all voting Board members (entire Board). A replacement election must take place within eight weeks of dismissal.

(7) If one of the organizations or entities under paragraph 1a) dissolves in such a way that it merges into a new or existing organization or entity, the appointed Board member and their deputy remain in office until the end of their term, provided the receiving organization or entity is already authorized to appoint a Board member under paragraph 1a). After this term ends, and in all other cases, the selection of eligible organizations or entities proceeds as follows:

a) If the Board members under paragraph 1a) determine by a simple majority that a successor organization exists for the dissolved entity and that this successor is not already among the appointing organizations, the Board shall request an organization of its choice to appoint a person to the Board. The selected organization or entity must be invited by the Board chairperson or their deputy within one month of the selection decision and given a deadline of six months to appoint a Board member. If the selected organization’s statutes, contract, or similar documents do not provide for such an appointment, the organization’s legal representative is authorized to do so. If no appointment is made within this period, option b) applies.

b) In all other cases, the existing entire Board (members under paragraph 1a) and paragraph 1b)) selects an organization or entity by a two-thirds majority that it believes supports the foundation’s goals. The selected organization must be requested within one month of the selection decision, with a six-month deadline, to appoint a Board member. If the organization’s statutes, contract, or similar documents do not contain provisions for such an appointment, its legal representative is authorized to appoint the member. If no appointment is made within this period, the selection process is repeated until an organization willing to appoint a Board member is found.

(8) Written voting by circulation requires the participation of all Board members and the approval of the majority of the members. Decisions on § 14 of the statutes can only be made in a meeting and require the approval of four-fifths of all Board members.

(9) The Board elects a chairperson and a deputy chairperson from among its members.

(10) The Board remains capable of making decisions even if it temporarily has fewer members than the number required under paragraph 1.

§ 10 - Tasks of the Board of Trustees

1. The Board of Trustees is the supervisory body of the Foundation; in particular, it must ensure that the Board of Directors pursues the permanent and sustainable fulfilment of the Foundation's purpose. For this purpose, it may request information from the Executive Board at any time.
2. The Board of Trustees shall draw up the guidelines for the activities of the Foundation in accordance with § 2 of the Statutes.
3. The Board of Trustees also has the following tasks:
   1. Appointment and dismissal of members of the Management Board and, if necessary (§ 6 paragraph 1, sentence 3), election of the Chairman of the Management Board and the Deputy Chairman of the Management Board, appointment of an Executive Management Board and determination of the nature and amount of its remuneration,
   2. Approval of the rules of procedure of the Executive Board,
   3. Adoption of the economic plan,
   4. Resolution on the distribution of subsidies; this may be limited to a lump-sum allocation and distribution according to the objectives of the Foundation pursuant to § 2 paragraph 2 a) and b). In this case, the distribution of funds on a project or personal basis shall be carried out by the Executive Board.
   5. Resolution on the annual financial statements and the annual report of the Management Board pursuant to § 12 (4) and (5) of the Articles of Association,
   6. Consent to legal transactions pursuant to § 7 paragraph 4,
   7. Approval and acceptance of endowments,
   8. Appointment and dismissal of members of the Advisory Board,
   9. Approval of the Advisory Committee's rules of procedure,
   10. Adoption of resolutions on amendments to the Articles of Association, dissolution of the Foundation or merger with one or more other foundations,
   11. Decisions on matters that could not be resolved due to a veto by a board member against a board resolution pursuant to Section 8(3) of the Articles of Association.

       1) Decisions about the realisation of the purpose according to § 2a paragraph 2 of the statutes.

4. The Board of Trustees shall draw up its own rules of procedure in which, in particular, the individual rules of procedure for invitations and minutes etc. shall be laid down. The Board of Trustees decides on these by a 2/3 majority.

§ 11 - Advisory Council

1. The Board of Trustees may form an Advisory Council to advise it within the framework of fulfilling the purpose of the Foundation.
2. The Advisory Council may draw up its own rules of procedure, which shall require the approval of the Board of Trustees.

§ 13 - Supervision of Foundations

1. The members of the Management Board are obliged to notify the supervisory authority without delay of any change in the composition of an executive body.
2. The foundation is subject to state supervision in accordance with the applicable foundation law.

§ 14 - Cancellation of the Foundation, Merger, Amendment of the Articles of Association

1. The dissolution of the Foundation, the merging with another Foundation and the change of the purpose of the Foundation shall only be permissible in the event of a substantial change of circumstances.
2. Amendments to the statutes that affect the purpose of the foundation require the approval of the responsible tax office.

§ 15 - Right to seizure

In the event of the dissolution of the Foundation, the assets shall pass to a charitable institution, which shall use them directly and exclusively for purposes in accordance with § 2 of these Statutes. The selection of the institution shall be made together with the resolution on the dissolution of the Foundation. Prior to the transfer of assets, the tax office responsible for the receiving institution must obtain confirmation that the institution is a charitable institution within the meaning of the provisions of Tax Code.