Statute Of The Press Council In BiH
On the basis of Articles 12 and 18 of the Law on Associations and Foundations of Bosnia and Herzegovina (“Official Gazette of BiH”, no. 32/01, 42/03, 63/08 and 76/11), the Assembly of the Press Council in Bosnia and Herzegovina, at its session held on 21.07.2014 in Sarajevo, passed the:
of The Press Council in Bosnia and Herzegovina
1 – GENERAL PROVISIONS
The Association is founded upon Resolution on Establishment reached by the Founding Assembly of the Association at the session held on 13.12.2006 in Sarajevo, in accordance with the Law on Associations and Foundations of Bosnia and Herzegovina (hereinafter the Law), with the mission of improving and protecting professional standards in print and online media in Bosnia and Herzegovina.
This Statute, in accordance with Article 12 of the Law, regulates:
The Association is a non-government, non-political and non-for-profit organization that, based on the principal of free and voluntary accession to membership of the Association, brings together its members to achieve the goals and activities determined by this Statute.
The Association shall acquire the status of a legal entity upon entry in the Registry of the responsible Ministry.
The Association shall act independently on its own behalf in legal matters and shall perform legal duties within the frame of its legal abilities.
The Association shall be held liable for its entire assets for responsibilities in legal matters – full responsibility.
Members of the Association have their day. The Day of the Association is December 13th.
2 – NAME AND SEAT OF THE ASSOCIATION
The Seat of the Association is in Sarajevo, street Trampina, number 8.
The Association can have its offices or other organizational shapes outside of its seat (headquarters), on the entire territory of Bosnia and Herzegovina, to conduct its activities and realize its objectives, but which do not act as a legal entity.
The Resolution on opening the organizational forms referred to in paragraph 1 of this article shall be reached by the Board of Directors of the Association by majority vote of all members of the Board of Directors.
This Resolution specifically determines the seat, manner of performing statutory activities, number of executives and other issues of importance for the work of these organizational forms.
The Association can change its name and seat upon proposal of the Board of Directors.
The Resolution on changing the name and seat of the Association shall be reached by the Assembly of the Association.
The Association operates on the entire territory of Bosnia and Herzegovina.
3 – OBJECTIVES AND ACTIVITIES OF THE ASSOCIATION
Objectives and activities of the Association:
1. Improvement and protection of the journalism profession through improvement and protection of ethics standards in print and online media, as well as through strengthening self-regulation in print and online media in Bosnia and Herzegovina;
2. Monitoring the implementation of professional standards in newspaper and online coverage in Bosnia and Herzegovina;
3. Advocating for media freedom and freedom of information;
4. Providing expert assistance and advice to members of the Association and the general public;
5. Organizing seminars, workshops, conferences, debates, in order to improve the work of its members and the general public;
6. Starting the initiative towards the relevant authorities to create conditions for undisturbed development of a sustainable self-regulatory body for print and online media in Bosnia and Herzegovina, through legislative and other legal regulations;
7. Exchanging experiences and information with similar Associations and other non-government organizations in the country and abroad;
8. Publishing books, brochures, bulletins and other publications, as well as launching web-sites and radio shows in order to achieve the objectives of the Association.
The Association performs similar commercial activities that are directly related to achievement of basic statutory objectives and activities of the Association referred to in Article 12 of the Statute (publishing), provided that the overall profit is reinvested in the primary non-profit statutory activities of the Association (organization of conferences, seminars, professional meetings, sessions, etc.)
The Association may perform unrelated commercial activities that are not associated with the statutory objectives and activities, only through a specially established legal entity, in accordance with Article 4 of the Law.
4 – MEMBERSHIP OF THE ASSOCIATION
Membership in the Association may be acquired by any legal entity, registered with the relevant authorities in the territory of Bosnia and Herzegovina, which carries out activities in the field of online journalism and the printing-press industry, if it accepts this Statute and the objectives of the Association under the conditions laid down by the Law and this Statute.
Membership in the Association may be acquired by any individual, citizen of Bosnia and Herzegovina or a foreign national residing in Bosnia and Herzegovina, by the act of signing the Application of the Association, on a voluntary basis, under the conditions referred to in paragraph 1 of this Article.
Membership in the Association is voluntary.
Individuals or legal entities who have acquired membership status in the Association in accordance with Article 14 of this Statute can become permanent members of the Association.
Associated members access the Association to participate in the realization of the objectives of the Association.
Honorary members of the Association are persons who have made a special contribution to the operation and development of the Association, who assist the Association, without the right to vote. Honorary members of the Association participate in the work of the Association through advisory functions.
The Decision on admission to membership of the Association is reached by the Assembly of the Association, upon proposal of the Board of Directors.
The rights and responsibilities of Association members are:
Association members are equal in exercising their rights and responsibilities
Membership in the Association ceases:
The Decision on termination of membership of a member of the Association shall be reached by the Board of Directors of the Association. A member of the Association shall be informed in writing about expulsion from the Association, and about the reasons for the expulsion.
A person, who is dissatisfied with the decision of the previous paragraph, may appeal to the Assembly of the Association, within 15 days of receipt of the decision. The Assembly of the Association shall consider the appeal at its next session, during which it shall make the final decision. During the appeal process, the rights of the excluded member are suspended.
The Assembly of the Association may reach a general act, which shall, in accordance with the Law and this Statute, more precisely determine the manner and process of entry into membership and termination of membership.
5 – ASSOCIATION ORGANS AND DECISION-MAKING WITHIN THE ASSOCIATION
Association organs are:
Association organs are responsible for:
5.a – ASSEMBLY OF THE ASSOCIATION
The Assembly elects the President of the Assembly and the Deputy President of the Assembly. They are elected from the ranks of all members of the Association.
The mandate of the President of the Assembly and the Deputy President of the Assembly lasts four (4) years, with the possibility of a re-election.
The Assembly convenes upon need, but at least once a year.
The Assembly shall be convened by the President of the Assembly, and in case of the President’s absence, the Assembly shall be convened by the Deputy President of the Assembly, at the latest 15 days before its session.
The President of the Assembly shall be responsible for convening the Assembly when it is requested by at least 1/3 of the total number of members of the Assembly. The Assembly may be convened upon request of 2/3 of the total number of members of the Board of Directors of the Association.
The Assembly works and decides at sessions, on the basis of the Statute and other acts of the Association, if the majority of all members of the Assembly.
The Assembly validly decides with more than half of the members present, unless otherwise stipulated by this Statute.
Declaration at the Assembly Session is public.
The Assembly may delegate certain activities within its responsibility to the Board of Directors, if such action does not contradict provisions of this Statute.
PRESIDENT OF THE ASSEMBLY OF THE ASSOCIATION AND DEPUTY PRESIDENT OF THE ASSEMBLY OF THE ASSOCIATION
The Assembly elects the President of the Assembly and the Deputy President of the Assembly. They are elected from the ranks of all members of the Assembly.
The President of the Assembly and Deputy President of the Assembly are responsible towards the Assembly for their work.
The President of the Assembly performs the following tasks:
In case of absence or incapacity of the President of the Assembly, he or she shall be substituted by the Deputy President, with all rights and duties of the President of the Assembly.
5.b – BOARD OF DIRECTORS OF THE ASSOCIATION
The Board of Directors (hereinafter the Board) is the executive organ of the Association, which organizes and harmonizes the work of the Association in between two sessions of the Assembly, and conducts all activities of the Association in accordance with the agenda, financial plan and Assembly decisions.
The Board consists of 5 members, appointed by the Assembly, for a two (2) year period, with the possibility of re-election.
The Board elects the Chairperson and Deputy Chairperson of the Board. They are elected from the ranks of the appointed members of the Board.
The Board convenes upon need, but at least 3 times a year. It is convened by the Chairperson of the Board or, in his or her absence, by one of the two Deputy Chairpersons of the Board, at the latest 15 days before holding the session.
The Board exercises its rights and responsibilities on the basis of this Statute and other acts of the Association:
The Board of the Association may reach a decision on founding various bodies and expert commissions within the Association, which shall work towards the realization of the Association’s objectives, as well as an administrative-technical service for the realization of current operations of the Association.
The Board of the Association may validly reach and adopt decisions when more-than-half majority of its members is present. Decisions within the jurisdiction of the Board of the Association shall be made by a more-than-half majority of all members of the Board of the Association.
All members of the Board have the right to vote, and declarations at the sessions of the Board are public.
A member of the Board of the Association may be dismissed prior to the expiration of the mandate:
The Board shall discus and decide on the caesura of membership, and the Assembly shall verify the decision.
CHAIRPERSON OF THE BOARD OF THE ASSOCIATION
DEPUTY CHAIRPERSON OF THE BOARD OF THE ASSOCIATION
The Chairperson of the Board of the Association has the following duties and responsibilities:
In the case of the Chairperson’s absence, he or she shall be replaced by one of the Deputy Chair Persons of the Board, who will assume all the authority pertaining to the Chairperson of the Board.
5.c – EXECUTIVE DIRECTOR OF THE ASSOCIATION
The Association has an Executive Director, who is appointed and dismissed by the Board, on the basis of a public call, in accordance with the Law on Work in the Institutions of Bosnia and Herzegovina and this Statute.
The person in charge of these tasks must have a university degree, know English, and experience that matches the objectives and activities of the Association.
The Executive Director is responsible towards the Board and Assembly of the Association. The length of the Executive Director’s employment shall be indefinite.
The duties and responsibilities of the Executive Director are to:
The Executive Director’s employment ceases:
The decision to dismiss the Executive Director shall be reached by the Board of the Association.
6 – THE COMPLAINTS COMMISSION
The Complaints Commission is an advisory body that operates within the Association, and which is named by the Board to a two (2) year mandate, with the possibility of re-election.
The Complaints Commission is comprised of nine (9) members, elected from the ranks of the members of the Association, civil society, and the media and academic community.
The appointed Complaints Commission elects a Chairperson of the Commission and a Deputy Chair Persons of the Complaints Commission, from the ranks of the members of the Complaints Commission, with the goal of heading the sessions of the Complaints Commission.
Members of the Complaints Commission may not be members of the Board of the Association, politicians, and prominent party activists, members of political bodies or activists in electoral headquarters in Bosnia and Herzegovina.
The duties and responsibilities of the Complaints Commission are to:
The Complaints Commission can validly reach and adopt decision upon presence of the more-than-half majority of its members. All members of the Commission have the right to vote, and declaration is public. Adjudications are reached by a more-than-half majority vote of the total number of Commission members.
The Complaints Commission of the Association meets upon need, but at least 4 times a year.
The work of the Complaints Commission is regulated more precisely by the Rules of Procedure of the Complaints Commission, passed by the Board and adopted by the Assembly of the Association.
7 – ASSOCIATION ASSETS
The Association assets are comprised of financial assets, movable and immovable assets.
Movable and immovable assets consist of fixed assets and the inventory.
Sources of income of the Association:
The amount and manner of payment of membership fees, as well as the manner of using these funds, is regulated by the Resolution on Membership, passed by the Assembly of the Association.
The Executive Director of the Association is responsible for financial-material operations of the Association, who submits a report to the Board of the Association. The Board of the Association submits the yearly financial plan and report to the Assembly of the Association for adoption.
If for any reason, the Assembly cannot convene, the Board of the Association shall adopt a temporary financial plan and report.
In accordance with the financial plan and agenda, the Association funds can only be used for the purpose of realizing the objectives of the Association.
In accordance with this Statute and the Law, the Board of the Association is responsible for the realization, usage and disposal of Association funds.
Decisions on income, expenses, provision for losses and write-off of uncollectible receivables are passed by the Board of the Association, in accordance with the financial plan and program of the Association, and are adopted by the Assembly of the Association.
The realization, usage and disposal of Association funds is established through the financial plan (with accompanying revenue, activities and set priorities), which is passed by the Board and adopted by the Assembly of the Association.
Persons elected to functions in the Association and other persons can be awarded an appropriate monetary compensation to cover expenses, incurred while performing the entrusted tasks and duties.
The Resolution on Compensation from the previous paragraph is passed by the board of the Association.
The association is responsible for duly keeping business records in accordance with generally accepted accounting principles, and for constituting a semi-annual and annual financial statement, in accordance with applicable legal regulations.
Control over the use and disposition of the funds of the Association is carried out by the Assembly of the Association.
Board of the Association may adopt ordinances and acts which more precisely regulate the manner of acquiring and allocating resources.
8 – MERGER OR DIVISION OF THE ASSOCIATION
The Association may merge with other Association or divide into other Associations, in accordance with the Law.
The resolution from the previous paragraph shall be passed by the Assembly with a two-thirds majority vote amongst all members of the Association. This resolution shall regulate the name and seat of the Association, as well as the division of property, rights and responsibilities, and other status issues.
9 – TERMINATION OF THE ASSOCIATION
The Association may cease to work voluntarily or by force of law.
The resolution on the voluntary cessation of work of the Assembly of the Association shall be reached by a two-thirds majority vote of all members of the Association.
The initiative for cessation of work of the Association can be started by 1/3 of all members of the Association or by the Board, in the following cases:
The initiative for passing the Resolution on Cessation of Work of the Association is submitted to the President of the Assembly, who prepares the material for the Assembly.
The Association shall cease to work by force of law in accordance with the provisions of Articles 51 and 51 of the Law.
The Association is responsible to report any statutory change to the responsible ministry within the stipulated timeframe.
10 – DISTRIBUTION OF ASSETS IN THE EVENT OF TERMINATION
Concurrently with the Resolution on Cessation of Work of the Association, the Assembly shall adopt a liquidation plan of the Association, which shall determine the division of assets, rights and responsibilities of the Association, in accordance with the Law and this Statute, provided that it is liable to settle any legal and contractual obligations beforehand.
The Assembly shall appoint a liquidator of the association, whose duty is to execute the liquidation plan and who is authorized to represent the Association in the liquidation process and in the process of applying for termination of the work of the Association before the responsible authorities.
On the basis of the resolution of the Assembly of the association, the remaining assets, after settling the obligations referred to in the previous paragraph, shall be distributed to another association that has the same or similar objectives and activities/that performs the same or similar operations.
11 – TRANSPARENCY OF WORK
The work of all organs of the Association is public. Transparency of work is achieved through direct information and through means of public information.
The public is regularly informed on the positions, conclusions and operations of the Association through press releases, the website www.vzs.ba and Facebook group http://www.facebook.com/VijeceZaStampuBiH, while the members of the Association are informed through bulletins, telephone, e-mail or postage sent to their personal address.
Every member of the Association has the write to make a written or verbal inquiry as to any conclusion, decision reached or segment of work of the Association, and to receive a valid response to this inquiry, in the shortest time possible.
The Secretariat of the Association is responsible for the transparency of the Association’s work. The Secretariat of the Association performs expert and administrative-technical operations, for the purpose of realizing the objectives and activities of the Association.
12 – STATUTORY AND OTHER QUESTION OF THE ASSOCIATION
The basic and general act of the Association is the Statute of the Association.
The association may adopt other general acts: regulations, resolutions and rules of procedure.
General acts must be in accordance with the Law and the Statute of the Association.
Amendments to the Statute of the Association shall be adopted by the Assembly of the Association by two-thirds majority vote amongst all the members of the Association.
The initiative for amending the Statute may be started by 2/3 of total number of members of the Association. The initiative shall be sent to the Board of the Association, which prepares the proposal of the amendments to the Statute for the Assembly. Final amendments of the Statute of the Association shall be adopted by the Assembly of the Association.
13 – SEAL AND TRADEMARK OF THE ASSOCIATION
The Association has a seal, round in shape with a 4 cm diameter, with text written in a semicircular direction:
The Association name in Bosnian, Croatian and Serbian respectively «Vijeće za štampu u Bosni i Hercegovini, Vijeće za tisak u Bosni i Hercegovini, Cавјет за штампу у Босни и Херцеговини, sjedište Sarajevo», the English name «The Press Council in Bosnia-Herzegovina», while in the middle is the Association trademark.
Use, storage and destruction of the Association seal is regulated by special instructions of the Board of the Association, for the execution of which the Executive Director of the Association is responsible.
The Press Council in Bosnia and Herzegovina has its trademark. The trademark of the Association is of a circular shape. The background of the logo is of a dark maroon color, framed by a thin border of ocher color. In the middle of the logo is a vertically oriented head of a fountain pen, the right side of which is yellow, while the left side is of a rust color. At the base of the fountain pen are open pages of a newspaper, of a pale ocher color. Above, at the top of the logo are three horizontal lines symbolizing Wi-Fi. The lines are of pale ocher color, slightly curved downward and of different sizes. The shortest line is at the bottom, and the longest is on top.
14. – MANNER OF REPRESENTATION OF THE ASSOCIATION
In legal matters, the Association is represented by the Executive Director and the President of the Assembly, within their authority defined by this Statute and the Law. In case of absence or inability to attend of the President of the Assembly of the Association, he or she shall be deputized for by the Deputy President of the Assembly of the Association.
In proceedings where the Association participates as a party in order to exercise its rights, duties and responsibilities before the responsible organs, the President of the Assembly of the Association may give a written power of attorney to an attorney or other expert person for representation.
15 – INTERIM AND FINAL PROVISIONS
Upon coming into force of this Statute, the Statute of the Press Council in BiH, number: 001/06 adopted at the Founding Assembly of the Association held on 13.12.2006 shall cease to be valid.
This Statute shall come into effect on the day of its adoption, and it shall be implemented from the day of its entry into the Register of Associations with the responsible authorities.
The interpretation of this Statute is provided by the Assembly of the Association.
President of the Assembly of the Association