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The Bylaw

HHRO-LOGO

The Bylaw
Of Hammurabi Human Rights Organization (HHRO)
Organization No. (1H71134)

Article One:

The Name: Hammurabi Human Rights Organization and its abbreviation (HHRO)

Article Two:

Organization Address: Its headquarter is in the capital Baghdad-Hay Al-Qadisiya, Al-Qadisiya Ministerial Compound

Article Three:

Organization Definition: Iraqi independent, non-governmental, non-profit organization consisting of number of activists in human rights field, believing that the human is a high value ought to be respected, all volunteered to define the rights and dignity of Iraqi human, regardless of his religion, sect, nationality, gender, origin or thought and political orientation.

Article Four:

The depended logo and seal of the organization are shown below:
Organization Logo: it’s a picture taken ancient Iraqi antiquities in Babylon, in which the law maker King Hammurabi (the father of laws in the world) his sharia and laws, and express the importance of the rights which cannot guaranteed or protected except through laws and legislations, and through which guaranteeing and protecting the human dignity, and the fronds resemble also to Iraq and express the welfare, giving, justice and peace.

HHRO-LOGO

The Aims

Article Five

First: Organization Aims:

  • Defending the human rights in all fields and on the national, regional and international levels and follows the activities relevant to human rights, observation of the violations which occur, follow then and prevent the incident of waste in human rights.
  • Monitoring the application of the positive legislations an laws relevant to human rights and their constitutionality and following-up the extent of adopting of the text of national constitution and legislations with the obligations of Iraq in International agreements and charters relevant to human rights, and recording any violation in this regard.
  • Spreading the awareness, establishing and developing the values and culture of human rights to the public, and paying attention to the rights of the woman, child, handicapped and disabled, and endeavoring to help, enable and rehabilitate them according to the available capabilities of the organization.
  • In addition to paying attention to all sections and components of Iraqi society, the organization pays special attention in the affairs of small nationalities and components and the religious minorities, in what ensures their civil and political rights and respecting their religion, national, cultural and lingual particularities.
  • Helping the displaced, refugees and immigrants in returning to their original homes and districts in which is proportional with the ability of the organization.
  • Working on taking the peaceful and legal measures at the national and international levels to confront and condemns the flagrant violations to human rights which may happen in Iraq and classified as being of genocide acts and crimes against humanity.
  • Endeavoring to establish the human concepts in the Iraqi educational system from the early classes to high university studies.

Second: The organization achieves its aims in the following means:

  • Performing campaigns of support, awareness, research and training and other peaceful means.
  • Issuing quarterly or annual reports according to the capabilities of the organization concerning the violations and allegations to which the Iraqi citizens and foreigners resident in Iraq may be exposed by the governmental and non-governmental bodies and following-up that.
  • n/submitting suggestions and recommendations to the sides related to rights and freedoms stipulated in the constitution and in the law and international agreements which Iraq has signed and ratified.
  • Issuing bulletin, publications and periodicals according to the capability of the organization and its resources and holding public and television seminars to educate in the importance of respecting and maintaining human rights.
  • The organization receives complaints submitted by Iraqi citizens individuals or groups and from individuals residing in Iraq about the occurrence of violations to human rights, and the organization takes the suitable measures to interfere with the sides concerned after making sure of the correctness of the complaints and performing the preliminary investigations if the matter requires, and submitting the consultations, suggestions and recommendations regarding them together with maintaining the full confidentiality of the names of their submitters.
  • Cooperation and Coordination with the national and international non-governmental and governmental organizations concerned in human rights based on the human rights being international human rights.
  • Notifying the three authorities of the State, the legislature, executive and judicial and acquaint them with any violations to human rights and demanding taking urgent arrangements to bring the committers of violations to account and compensating the harmed, also the organization my perform the early warning to warn the official and non-official sides of the probability of occurring violations to human rights before happening to avoid human tragedies that may result from them.
  • The organization mat delegate its members to visit courts, persons, social reform centers, detentions places, police stations and society bodies to make sure that there is no arbitrariness or violation to human dignity, by using excessive force or harsh treatment as torture in what contradict with the constitution, national legislations and the international declarations and charters of human rights.
  • The organization follows-up the extent of adaptation of the constitution and the national legislations with the obligations of Iraq in international agreements and charters relevant to human rights and recording any violations in this regard.
  • Moving the claims related to human rights violations and referring them to the public prosecutor to take legal measures regarding them.

Article Six

Membership:

  • First: The member is all whose affiliation application has been agreed upon and become a member in the general meeting.
  • Second: The member spends a probation period for six months during which he is not entitled to nominate or vote but could attend the general meeting.
  • Third: The honoring member: it is the membership granted to academic, scientific, political and religious national or international personalities known for their positions in supporting human rights and the rights of minorities and their just issues and expected from voting and nomination.

Article Seven

Membership Conditions and Mechanism

  • First: Individuals Affiliations Conditions
    Every Iraqi male or female or every resident in Iraq regardless of national, religious, sectarian, political affiliation whether inside or outside Iraq in entitled to join Hammurabi Human Rights Organization according to the following conditions:

    • His age shall not be less than (21) years, and be of full eligibility.
    • Shall be of good standing, conduct and ethics, and has not committed criminal offence.
    • Shall believe in human aims, principles and values of the organization and abides by executing them, and accepts the bylaw in writing.
    • Shall be active in the field of human rights and minorities.
    • Shall not take the organization a platform to promote his political or personal ideas and tendencies to achieve aims beyond the framework of the organization values and aims.
    • Shall not exploit his position and membership to the organization for personal purposes and motives in order to exploit others and personal profit.
  • Second: Affiliation Mechanisms
    • The door of affiliation is opened publicly twice a year for one month each time according to Board of Directors resolution.
    • The Board of Directors determines the number of new members who will join the organization during the year and before opening the door of affiliation, provided that the number of members annually does not exceed 10% of the total number of the organization.
    • Submitting written affiliation application and undertaking to work according to the bylaw of the organization and it achieve its aims.
    • The Board of Directors agrees on the application within two months from the date of submitting it.
    • In case of rejecting the application, the Board of Directors shall show the reasons of rejection and submitting them to the applicant.
    • The applicant is entitled to appeal before the Board of Directors within one month of notifying him and in case the Board does not reply that is considered refusal of the appeal application.
    • Every new member is subjected to probation period for six months during which he is not entitled to nominate or vote and after that becomes a member in full rights unless notified otherwise by the Board of Directors.

Article Eight

Losing the Membership: the member loses his membership in the organization in one of the following cases:

  • First: Written Resignation by the member.
  • Second: Losing one of the membership conditions,
  • Third: Absence from two consecutive meetings of the general meeting without acceptable excuse.
  • Fourth: Not paying the subscription fees for past two years after two months of serving notice to him regarding that.
  • Fifth: Not abiding by the principles and regulations or violating the bylaw and going beyond the policy and aims of the organization.
  • Sixth: Death

Article Nine

The rights of the Member:

  • First: All the members are entitled to nomination and election except the honorary members and the members in the probation period provided that the member has paid his subscription fees of the past years and the present year.
  • Second: Any member is entitled to put forward his ideas, thoughts, suggesting bills and practicing the constructive criticism to any member, commission or committee of the organization.
  • Third: All the members of the organization are entitled to participate in the activities conducted inside and outside Iraq and in entrustment by the Board of Directors, in what is consistent with the criteria of efficiency, specialization, the nature of activity, the requirement of necessity and need.

Article Ten

The Duties of the Member

  • First: Working on educating in human rights and minorities within his social medium and acquainting in the aims of the organization and its activities and participating in its activities to defend human rights.
  • Second: Abiding by the terms of the bylaw and pay the annual subscription fees.
  • Third: Attending the general meeting.

The Organizational Structure

Article Eleven

Acquaintance in the basic joints of the organization structure of the organization: the General Meeting, the Board of Directors, Board Chairman, Board Vice-Chairman, Branch Commission, local committee.

The General Meeting: It is the highest legislative commission in the organization, consisting of all members affiliated to the organization and who have the right to nominate and vote.

The Board of Administration: Consists of seven members including the chairmen of the Board of Directors. The Board is elected in the general meeting, and the general meeting could increase or decrease the number of the Board members according to requirements of the organization work and its activity nature.

The Board Chairman: Presides the Board of Directors and its elected from among its seven members in meeting of the Board after electing it.

The Board Vice-Chairman: the member of the Board of Directors who acts on behalf of the Board Chairman, elected from among the Board members after electing the Board Chairman in the first meeting of the Board after forming it.

The Branch Commission: the Branch Commission consists of five members including the chairman of the Branch Commission who is elected from among the five members and the Branch is opened in decision of the organization president and consent of the majority of the Board of Directors members.

The local Committee: Consists of three members including the head of the head of the committee who is elected from among its three members, and the committees are formed in case of necessity in decision from the Branch Commission and the approval of the organization’s Board of Directors.

The General Meeting

Article Twelve

The Formation and Tasks of the General Meeting:

  • First: The general meeting consists of the members affiliated who are entitled to vote.
  • Second: Mechanism of Decision Taking in the General Meeting.
    • The General Meeting meets ordinarily once every two years and extraordinarily at the request of the Board of Directors and in consent of the majority of its members or one fifth(1/5) of the members of the General Meeting.
    • The General Meeting in notified in the time and agenda of the meeting at least two weeks before the date of the meeting.
    • The quorum of the General Meeting is 50% + 1 an on case the quorum in not capable a second meeting is held within one week in who attended.
    • Decisions are taken in the General Meeting by simple majority except the decision pertaining to the dissolution of the organization or changing the name or the logo of the organization or amending its bylaw which requires the consent of two thirds members of the General Meeting.
    • The sessions of the General Meeting are managed by a member of the General Meeting elected at the beginning of the session, assisted by two members, one of them will be rapporteur, provided that the three obtain the consent for simple majority, and excepted from managing the sessions of the General Meeting the members of Board of Directors.
  • Third: The Task of the General Meeting:
    • Discussing the activities of the organization, its program, bylaw and financial balance sheet, as well as discussing the financial reports and administrative and approving the projects referred to it and evaluating its performance during two years.
    • Issuing decisions and recommendations concerning the affairs of the organization and in the framework of its specialization and aims obliges the Board of Directors to execute and follow-up them.
    • Dissolving the organization’s Board of Directors and electing new Board of Directors in other period of two years by direct ballot.
    • Approving the bylaw of the organization and is entitled to perform the required amendment to it according to request of one fifth(1/5) of the members of the General Meeting or at the request of the Board of Directors in the consent of two thirds of the members attending from the General Meeting
    • Calling the Board of Directors partly or wholly to account and is entitled to withdraw confidence from any of the members of the Board of Directors at the request of one fifth(1/5) of the number of its members and in the consent of two thirds of the attending.
    • It has all powers of the Board of Directors and its chairman.
    • Considering the suggestions submitted by the Board of Directors and submitting the necessary recommendations for that.
    • Approving the bill of internal instructions for the organization put by the Board of Directors.
    • Dissolving the organization in the consent of two thirds of its members and the movable and immovable property go to Iraqi societies of similar aims and principles determined by the General Meeting.
    • Formation of a permanent committees that determined their functions by Board of Administration later as ( Monitoring and documentation Committee – Financial Committee – Development of projects and programs Committee – General relationship Committee – Media Committee – Legal Committee – Women and Child Committee – Relief Committee ).

The Board of Administration

Article Thirteen

The Formation and the Tasks of the Board of Administration:

  • First: Mechanism of Forming the Board of Administration:
    • The General Meeting elects the members of the Board of the Directors for a period extending for two years starting from the date of forming the Board and in case it is not possible to hold the General Meeting for reasons beyond the control and ability of the organization (force majeure, deterioration of the security situation in the country , unavailability of enough financial resources), the Board of Directors is entitled to take decision in the majority of its members to extend the period of the Board for a period of not exceeding twelve months (one year) ,during which it is endeavored to prepare to hold the General Meeting.
    • The board consists of seven original members and three reserve members elected by direct ballot in the General Meeting provided that the original and reserve members by resident in the homeland.
    • The board in its first meeting after forming it elects its chairman from among its seven members and a vice-chairman for complete of two years and the other tasks are distributed to the remaining Board members.
    • Every member is entitled to nominate himself to the Board of Directors during the General Meeting provided that his nomination is recommended by two of the attending members in the General Meeting.
  • Second: The Mechanism of Taking Decisions in the Board of Administration
    • The Board of Directors Holds one ordinary meeting at least every three months at the request of the chairman of Board of Directors or by three of its members and emergency meeting is held at the invitation of the chairman or in request of two members of the Board of Directors.
    • The chairman of the Board of Directors is notified in the date and agenda of the meeting at least one week before the date of the meeting.
    • The quorum of the Board of Directors is the attendance of four of its seven members.
    • Decisions are taken in the consent of half those attending plus one and in case the votes are equal the side containing the vote of the Board chairman will prevail.
  • Third: The Tasks of the Board of Administration
    • Putting a plan and strategy of the organization work within period not exceeding one month after the election of the Board and presented to the members and may be amended by them.
    • Following-up the decisions and recommendations issued by the General Meeting and working on implementing them.
    • Deciding the acceptance of affiliation of new members to the organization after fulfilling the membership conditions.
    • Discussing the programs and plans of the organization and conducting the appointments, delegations and estimating the salaries of workers of experts and administrators.
    • Issuing statements, declarations and appeals concerning the aims of the organization.
    • Forming specialized committees to implement the programs and activities of the organization
    • The Board of Directors is responsible for financial management and submitting their reports to the General Meeting.
    • The Board is entitled to open branches inside and outside Iraq.
    • Issuing executive decisions and bills according to provisions of the articles of this by law and working on implementing them.
    • The Board is entitled to decide in the destiny of the membership of any member including the founding members in case of their immigration or the interruption of their contacts or communication with the organization or not reacting with its activities.
    • Performing periodical evaluation for the activities and programs of the organization and to all the workers in working bureaus and committees, and is entitled to take all the necessary measures to ensure the progress and sustainability of the work in it.
    • The Board of Directors is entitled to grant the capacity of honorary membership to academic, scientific, political, religious national and international personalities and to local and international organizations known for their positions supporting the human rights and supporting the organization.
    • Issuing internal bills to organize the mechanism of work according to the bylaw of the organization and approved by the General Meeting.
    • The Board of Directors is entitled and with the consent of two thirds of its members to request holding extraordinary general meeting of the General Meeting.

The Chairman of the Board of Administration

Article Fourteen

Chairman of the Board of Directors

  • First: The Mechanism of electing the Chairman of the Board of Administration
    • The members of the Board of Directors elect a chairman of the Board from among them.
    • His position or office whether governmental, parliamentary, political or otherwise does not contradict with the independent nature of the organization.
  • Second: The Tasks of the Chairman of the Board of Administration
    • Managing and presiding the meetings of the Board of Directors and replaced by the Vice-Chairman in case of his absence and he is entitled to authorize any other member from among the members of the Board of Directors.
    • Implementing and following-up the general programs and strategies of the organization and signing the decisions of the Board upon approving them by the required majority and monitoring the administrative orders, financial records, committees bills and the mechanisms of implementing the programs and public relations and signing agreements with external sides.
    • Representing the organization in various national, regional, and international activities and is the official speaker in its name, and he may authorize his vice-chairman or any original member to act on his behalf in these activities.
    • The chairmen of the Board is entitled to seek the help of technical cadre and experiences in the district or any member having the required efficiency and participating him in the various activities.
    • The chairman of the Board is the one who orders spending and sign on the cheques provided that this is preceded by the responsible for financial affairs prepares the official papers and procedures after signing them by the responsible for financial affairs.
    • The procedures of appointment based on efficiency as well as the delegation, determining the wages and salaries of the workers of the administrative experts in the organization, the cost of the delegation and the financial expenditure in its various fields receive the approval of the Board chairman, and enjoys also the power of signing on all the official correspondences, addressing the invitations and releasing the appeals and declarations.
    • In case the chairman of the Board resigns or leaves he position due to (withdrawal, immigration, arbitrary arrest, proving his inability to perform his tasks due to being afflicted in mental or bodily disability after the Board of Directors decides that, or death) the vice-chairman replace him and a new member is added to the Board from the reserve members who obtained the most votes or who is qualified to occupy the vacancy occurring according to the specialization and needs required for the Board of Directors.
    • The chairman of the organization or who acts on his behalf may form urgent relief unit to work in the humanitarian field in case of emergency to save the victims of natural disasters, armed conflicts and the spread of famine and epidemics. The task of the unit is providing the possible aid and collecting the in kind and material donations and submitting them to the afflicted, called the relief and emergency unit.
    • In case a vacancy occurs due to (withdrawal, ceasing of membership, resignation, immigration, death) or any other reason to one of the Board of Directors members, the chairman of the Board specifies a date in period maximum two weeks to chose one of reserve members (choosing the first reserve or the qualified reserve to fill the need and the required specialization in the Board of Directors).
    • The chairman is entitled to issue decision of ceasing the membership of any member in the Board until the General Meeting, in case he violates the bylaw of the organization or transgressing or harming the reputation of the organization provided that the decision receives the consent of the majority of the original members of the Board, and in the period of ceasing he is replaced by one of the Board reserve members.

The Vice-Chairman of the Board

Article Fifteen

Vice-Chairman of the Board of Administration

  • First: The mechanism of electing the vice-chairman of the Board of Directors of the organization:
    After the Board of Directors finishes the election of the organization chairman, the vice-chairman is elected from among its original members.

  • Second: The tasks of the vice-chairman of the Board of Administration
    • Replace the chairman of the organization in managing and presiding meetings of the Board of Directors in case the chairman is absent.
    • incase of death or resignation of the chairman and the consent of the Board of Directors on the resignation or his immigration or being subjected to arbitrary arrest, or proving the inability to perform his tasks due to being afflicted in mental or bodily disability, the vice-chairman replace him until holding the nearest General Meeting.
    • He may represent the organization at national, regional, and international meetings in case of absence of the chairman after obtaining authorization from him.
    • In case the chairman is absent, he is entitled to form urgent relief unit in the humanitarian field in cases of emergency to save the victims of national disasters, armed conflicts and spread of famine and epidemics.

The Branches

Article Sixteen:

Forming Branches and their Tasks

In the aim of enhancing the capability of the organization, performing its tasks, following-up its programs and achieving its aim in any geographical area such as borough, city, region, country, in the organization may open a branch in it.

  • First: The Mechanism of Forming the Branch:
    • The branches for the organization are opened in decision by the chairman of the Board of Directors and the consent of the majority of the Board of Directors members when the number of the organization members reaches (9) nine numbers or more in the district wanted to open a branch in it.
    • The branch forms a commission consisting of five original members including the chairman of the Board and two reserve , the original and the reserve are elected by direct ballot in general electoral meeting held for this purpose attended by the members of the organization within the scope of the geographical area in which it is wanted to open the branch, supervises the meeting the Board of Directors of the organization, and the chairman and vice-chairman of the branch are elected from among the five original members in the first meeting held by the branch commission and the tasks are distributed among the remaining members according to their efficiencies and capabilities.
  • Second: The Mechanism of Taking Decisions in the Branch:
    • The branch holds one meeting at least every month at the request of the branch chairman or the request of two of its members.
    • The quorum of the branch in the attendance of three of its five members
    • Decisions are taken by the consent of three members out of the total five.
  • Third: the Tasks of the Branch
    • The branch performs all the tasks which will achieve the aims of the organization and accomplish its program and follow-up its activities and fulfill the decisions and recommendations adopted in the General Meeting of the General Commission or which are issued by the Board if Directors of the organization and its chairman.
    • Observation of human rights violations which may happen and follow them within the scope of work of the branch and refer them to the Board of Directors.
    • Issuing the statements, declarations, and appeals concerning human rights and the aim of organization and in the consent of the Board of Directors chairman.
    • Receiving the applications of affiliations to the organization and refer them to the Board of Directors to take decision in them.
    • The branch is entitled to form local committees for the organization according to the need and the necessity in the villages, boroughs, towns and townships located within the scope of its work after the consent of the Board of Administration .
  • Fourth: The Tasks of the Chairman of the Branch Commission
    • Managing and presiding the meetings of the Branch Commission and is replaced by the vice-chairman in his absence.
    • Implementing and following the programs and plans of the organization and the decisions and recommendations of the General Meeting and the Board of Directors, and is entitled to represent the organization in various activities held in the scope of its district.
    • Coordinating between the Board of Directors and the branch, and is entitled to attend the meetings of the organization Board of Directors in case of necessity and in the consent of the Board of Directors, and in case he attends he has no right to vote.

The Local Committees

Article Seventeen:

Formation of Local Committees

In the aim of enhancing the capability of the organization branches in implementing and following the plans and programs of the organization, and in order to achieve its humanitarian aims, they could form local committees in the villages, boroughs, towns and townships within the geographical scope of the branch work, to be as support units for the organization.

  • First: Mechanism of Forming the Local Committee:
    • In case the necessity and need to form a local committee, it is formed by decision of the branch commission and in the consent of the organization Board of Directors when the number of the organization members reaches (3) three members or more in the district wanted to form a local committee in it.
    • The local committee management consists of three members among the head of the committee, elected in electoral meeting attended by the organization members only, within the scope of the district wanted to form the local committee in it. The meeting is supervised by the Branch Commission and the member of the committee management members could be increased in the consent of the Branch Commission , provided that their number does not exceed (5) five members.
    • The head of the Local Committee is elected from among the three members of the committee in the first meeting of the Local Committee after forming it.
  • Second: The Tasks of the Committee:
    • The Local Committee will observe human rights violations and follow-up the programs of the organization and endeavor to achieve its aims in coordination and supervision of the Branch Commission
    • The Local Committee performs all the tasks which will achieve the aims of the organization, accomplish its programs and implement the decisions and recommendations issued by the General Meeting or the Board of Directors or its chairman or by the Branch Commission and its chairman.
    • Receiving the applications of affiliation to the organization and refer them to the Branch Commission which in turn refer them to the organization Board of Directors to decide in them
  • Third: The Tasks of the Head of the Local Committee:
    • Presiding and managing the meetings of the Local Committee, and coordinating between the Local Committee and the Branch Commission, and is entitled to attend the meetings of the Branch Commission in case of necessity and in the consent of the Branch Commission, and in case of attending he has no right to vote.
    • Following-up and implementing the decisions and recommendations issued by the Branch Commission and the Chairman or by the Board of Directors and its chairman.
    • Implementing the programs and plans of the organization and its projects within the scope of work of the Local Committee.

Article Eighteen:

The Resources and the Financial Administration

  • First: The financing sources of the organization depend on the subscriptions of its members and the gifts, donations and grants provided by citizens, philanthropic and humanitarian societies, interested and cooperated financial , economical and commercial institutions , as well as from similar and friendly organizations and any other unconditional and lawful sources.
  • Second: The Subscription fees are (10,000) Dinar annually
  • Third: The Board of Directors is entitled to amend the subscription fees annually.
  • Fourth: The Board of Directors may open an account in the name of the organization in the banks.
  • Fifth: All the movable and immovable properties belonging to the organization are considered properties allocated to it as independent organization and not incurred to any to any of its members whose relationship ends in the organization the right to claim them or any part of them in any way.

Article Nineteen

Amending the Bylaw:

The amendment of the bylaw of the organization in the general meeting at the request of the Board of Directors or one fifth (1/5) of the members of the General Meeting and the amendment is adopted by the two thirds majority of the members attending from the General Meeting according to quorum.

Article Twenty:

The Dissolution of the Organization, its Merging, Division, and Transferring Property inside it

  • The dissolution of the organization is made by the decision from the General Meeting and the consent of the majority of two thirds of its members, and the funds go to similar Iraqi organizations bearing the same specialization determined by the General Meeting and in simple majority of the attendant.
  • The General Meeting has the power to merge the organization with similar organization in the aims, registered in the Department of non-governmental organization in the simple majority of the attendant.
  • The General Meeting has the power to divide the organization and transfer the property inside it by the simple majority of the attendant.