What Südwind is…
*Corresponding to the Reichenauer Declaration of the ÖIE in 1990 and
Südwind Entwicklungspolitik's 2004 Manifesto „For the future of our one world“
(adopted at the General Meeting on 29/30 June 1996 and 29 November 1997, amendments thereto being approved at the General Meeting 11/12 December 1999 and 2006)
1. Name, seat and scope of activities
1.) The Association bears the name Südwind – Association for Educational and Advocacy Activities Related to Development Policy (Südwind-Verein für entwicklungspolitische Bildungs – und Öffentlichkeitsarbeit), the abbreviated form being Südwind-Development Policy (Südwind-Entwicklungspolitik);
2.) It has its seat in
3.) The Association is a non-profit entity, independent of all political parties and supra-denominational;
4.) It pursues, exclusively and directly, charitable aims and objectives (pursuant to the relevant federal fiscal directives);
5.) Provision is made for the establishment of regional associations in all federal provinces. Those regional associations bear the name Südwind – Association for Educational and Advocacy Activities Related to Development Policy (Südwind-Verein für entwicklungspolitische Bildungs – und Öffentlichkeitsarbeit), the abbreviated form being Südwind-Development Policy (Südwind-Entwicklungspolitik), with the name of the respective federal province appended thereto;
6.) The reciprocal rights and obligations in relations between the federal association and the regional associations are regulated in the statutes of both the federal association and the regional associations;
7.) Unless otherwise differentiated, all concepts used in these statutes always relate to the federal association. Moreover, the terms - General Meeting, Federal Board and Executive Management - refer to the federal association, whereas the terms – Regional Meeting, Regional Board, Regional Representative of the Regional Association – refer to the regional associations;
8.) The federal board can raise objections to amendments to the statutes of a regional association within one month of their promulgation. This has the effect of deferring up until one month after the subsequent General meeting any action with respect to the related decisions of the regional meetings;
9.) Insofar as matters raised in the statutes of the regional associations – in particular the relevant regional regulations pertaining to § 10 (1-3 and 9), § 12 (7,8) and §18 (7) – pertain to issues in the federal association for which the federal associations also bears responsibility, the latter’s board shall take the final decision on the same;
10.) Regional associations are liable for damages, should they not conduct the tasks entrusted to them with the care appropriate to an orderly business and/or fail to observe the relevant directives of the federal association;
11.) The provisions contained in paragraph 10 apply accordingly to both the dissolution of regional associations and their withdrawal or exclusion from the federal association;
12.) In the event of their withdrawal or exclusion, regional associations shall change their name. The new name may not be similar in any way to that of the federal association or an enterprise associated therewith, not may it contain the terms – information service (Informationsdienst) or development policy (Entwicklungspolitik).
The aims of the association are:
1.) Informing the public about developmental problems and development policy;
2.) Promoting and discussing measures relating to development policy and development co-operation; in particular, the discussion of scientifically based theories of development;
3.) Promoting, executing, co-ordinating and refining measures pertaining to development policy-related research, educational and information activities;
4.) Promoting contacts between entities active in those fields; developing proposals for closer co-operation and mutual co-ordination of work programmes;
5.) Transmitting knowledge and skills in the field of development policy-related information and education activities;
6.) Participating in activities related to development co-operation – with particular emphasis on development policy-related theory and research, as well as on measures related to social assistance and care of refugees;
7.) Sharing in – and co-operating with – enterprisess pursuing activities that are the same as or similar to those of the federal association (hereinafter referred to as associate enterprises (verbundene Unternehmen))
Means of achieving the aims of the Association
1.) The aims of the association shall be achieved by means of the non-material and material means listed in paragraphs 2 and 3 below.
2.) The following non-material means shall be applied:
a) Holding and promoting seminars, working groups, information events and discussions, Third World Days, cultural activities, development policy-related events, adult education programmes and similar activities;
b) Conducting scientific research into, and offering courses on, issues related to development policy and development co-operation;
c) Disseminating and publishing the findings of the above research work;
d) Acting as an information point for politicians, political parties, scientists and public service institutions;
e) Proving co-ordination and other services to interested individuals and groups;
f) Undertaking systematic work related to the mass-media, such as research into and teaching on reporting on developing country affairs in Austria, support for journalists, press conferences, press-releases and access to expertise;
g) Promoting communication centres as venues for persons interested in development policy;
h) Publishing on a regular basis journals dedicated to development policy, with emphasis on development policy-related information, theory, research and activities.
3.) The following non-material means shall be applied:
a) Membership fees;
b) Donations, collections, subsidies and other benefits;
c) Contributions to and reimbursement of costs for the journals and other educational material and activities in the context of development policy-related education and information;
d) Means accruing from the administration of assets.
4. Categories of membership
1.) Membership in the association is open to physical and legal persons, entities and organisations that declare in writing their agreement to the aims and objectives and the fundamental development policy-related principles of the association and their readiness to work with the same;
2.) Members of the association are categorised as full, associate and supporting members;
3.) Full members are physical persons;
4.) Associate members are legal persons, entities or organisations that foster the aims and objectives of the association through active co-operation or financial benefits and avail themselves of the institutions and activities of the association;
5.) Supporting members are physical or legal persons, entities or organisations that foster the activities of the association through the payment of a higher membership fee;
6.) Prior to being accepted into the association legal persons, entities or organisations disclose their statutes and those organs entitled to represent them.
5. Acquisition of membership
1.) Attainment of membership in the federal association ensues directly or synchronously with the acquisition of membership in a regional association’
2.) A membership application has to be directed to the board of the federal association. This can ensue directly or via a regional association;
3.) In the event of a direct application to the board of the federal association, the latter may at its subsequent meeting refuse the application citing the reasons for that refusal; in the event of an application in association with the acquisition of membership in a regional association, the latter’s board or the board of the federal association may refuse the application citing the reasons for that refusal; otherwise the application is deemed accepted for both the regional and federal association.
4.) The applicant has the right to lodge an appeal against that decision before the general meeting. The general meeting takes a final decision. That decision cannot be contested further;
5.) At the subsequent session, the general meeting shall report on the acceptance of new members and rejection of applications.
6. Cessation of membership
1.) Membership ends upon death; in the case of legal persons, entities or organisations upon their liquidation, withdrawal or exclusion;
2.) In cases of simultaneous membership in a regional association, termination thereof also means termination of membership in the regional association and vice versa;
3.) Should a member despite a reminder have failed to pay his/her membership fee for the previous year up to 18 days before the general meeting, that failure is deemed to constitute a violation of a member’s obligations that may lead to exclusion from the association;
4.) Voluntary withdrawal can only take effect on 31 December each year. The board has to be notified at least three months in advance. If the notification is submitted late, it only enters into effect on the subsequent date set for withdrawal.
5.) The Board may decide by a two-thirds majority to exclude a member from the association for gross violation of a member’s obligations or acting to the detriment of the association. An appeal against that exclusion may be lodged before the general meeting. Until the latter’s decision, the rights of membership are suspended.
6.) In the event of voluntary withdrawal or exclusion, the obligation to pay any membership fees due is upheld;
7.) Should a regional association lose its position in the federal association (liquidation, withdrawal or exclusion from the federal association), its members remain members of the regional association.
7. Rights and obligations of members
1.) Members are entitled to take part in the events of the association and to use the association’s facilities;
2.) Members are obliged to promote the aim and objectives of the association to the extent possible, to abide by the decisions of the relevant organs of the association within the context of the association’s activities and to pay their membership fees punctually in the amount determined by the general meeting;
3.) Members have the right to participate in the general meeting, as well as to speak and table a motion at the same. Only full members have the right to be elected. The right to vote and cast a ballot is reserved to delegates and members of the board.
4.) Full and associate members of the federal association who are simultaneously members of a regional association elect at the respective regional meeting at least 3 delegates from among its membership to represent the regional association at the subsequent general meeting of the federal association. At least one of those delegates has to be a member of the regional association. For every 50 members in excess of the initial 50 members, the regional meeting elects a further delegate.
5.) Each associate member of the federal association that is not simultaneously a member of a regional association and has more than 1,000 members sends a delegate to the general meeting of the federal association.
6.) For the regular and the other associate members of the federal association, who are not simultaneously members of a regional association, the provision in paragraph 4 above applies accordingly. They elect the delegates from among themselves at the outset of the general meeting.
6.) The elected full members or their proxies on the board and one member of the executive management have the right to vote and cast ballots like the delegates;
7.) The effective date or deadline for determining the number of delegates pursuant to paragraphs 4-6 above is the day on which the general meeting is convened.
8.) Those persons entitled to nominate pursuant to paragraphs 4-7 above may elect in addition to their delegates an equally large number of substitute delegates. The latter may assume, in the event of the delegates being hindered, their place with the same rights and obligations.
9.) The regional associations shall provide to the board in writing the names of their delegates as well as the relevant substitute delegates by the beginning of the general meeting at the latest.
8. Organs of the association
The organs of the federal association are: the general meeting, the board, the executive management, the auditors, the tribunal. The organs of the regional association are: the regional meetings, the regional boards, the heads of the regional offices, under certain circumstances regional office committees and regional advisory boards, the regional auditors and tribunals.
9. General meeting
1.) Regular general meetings are held once a year;
2.) An extraordinary general meeting has to be convened within 45 days pursuant to the board or general meeting so deciding or at the written and duly substantiated request of at least 10 per cent of the membership, regional meetings and/or regional boards of at least 3 regional associations or at the behest of the auditors. A request to that effect by the auditors has to be limited to the scope of their activities.
3.) In the case of both regular and extraordinary general meetings, all members have to be invited in writing and receive a provisional agenda at least 35 days before the date set for the meeting. The board shall convene the meeting.
4.) Additional items to the agenda of the general meeting may be submitted by any member in writing to the board 18 days before the date set for the meeting at the latest. Such submissions can thus be viewed by all members at the executive management or regional offices. Any additions to the agenda of the general meeting must be adopted by the delegates at the outset of the same.
5.) The annual report has to be provided for viewing by the membership to the executive management and regional offices 18 days before the general meeting at the latest. As soon as the participants in the general meeting are known, however, at least 7 days before the general meeting itself, a summary of the annual report shall be sent to them.
6.) Delegates can only take valid decisions - with the exception of those pertaining to the convening of an extraordinary general meeting – in relation to the agenda. Each delegate or his/her substitute in the case of hindrance has one vote. Legal persons, entities or organisations are represented by an accredited representative. Each delegate as well as an accredited representative of a legal person, entity or organisation that is simultaneously a full member of the association may only cast one vote as a delegate. The right to vote is non-transferable.
7.) The general meeting is quorate if attended by half of the delegates entitled to participate. Should the general meetings not have a quorum at the hour set for the meeting, the meetings takes place 15 minutes later with the same agenda and is quorate regardless of the number attending.
8.) Elections and decisions at the general meeting require a simple majority of the delegations. Decisions pertaining to amendments of the statutes, the dissolution of the association or the exclusion of a regional association, however, require a two-thirds majority of the delegates present and voting.
9.) The president chairs the general meetings, in the case of the former being hindered his/her deputy takes the chair. Should the latter likewise be hindered, the oldest member of the Board chairs the meeting.
10. Tasks of the general meeting
The general meeting has the following tasks:
1.) Approves the annual report and financial report of the federal association and the associated enterprises, in which the federal association has a holding of more than 50%;
2.) Decides on the annual programme and the draft budget of the federal association and the associated enterprises, in which the federal association has a holding of more than 50%;
3.) Decides on the organisational structure of the association;
4.) Decides on the hiring of the executive management;
5.) Elects the president, secretary and treasurer, as well as their deputies and other members of the Board;
6.) Elects the auditors;
7.) Decides on amendments to the statutes and the voluntary dissolution of the association;
8.) Advises and decides on other issues on the agenda;
9.) Decides on the rules of procedure for the general meeting, including the election process;
10.) Decides on the exclusion of regional associations;
11.) Determines the membership fees for full, associate and supporting members;
12.) Decides on appeals against the refusal of membership or exclusion from the membership.
11. The Board
1) Each regional association has the right to nominate one member of the regional association for election to the board of the federal association. In addition, the associate members of the federal association that are not simultaneously members of a regional association can nominate a joint candidate for election to the board of the federal association.
2.) In addition, further natural persons can be nominated for election to the board of the federal association, who dispose of qualifications and skills of interest to the association and assure gender balance. Nominations can be put forward by the board of the federal committee or by virtue of 10 written and duly signed declarations by members. The upper limit of 12 persons may not be exceeded.
The general meeting elects a president, a treasurer and secretary with a corresponding deputy from among those persons.
3.) 1 substitute may be elected for each member of the board. In the event of a board member being hindered, the substitute takes his/her place, but does not assume his/her functions. Furthermore, the substitutes enjoy the right to participate, speak and table motions at the meetings of the board and have to be invited to the same in good time.
4.) The board’s term of office is two years. In any event, the board remains in office until a new board is elected. Members of the board may be re-elected.
5.) The board meetings are convened in writing or orally by the president, in cases of hindrance by his/her deputy. The board has to meet at least three times a year.
6.) The board is quorate, if all the members had been invited in good time and at least half of them are present;
8.) The board takes its decisions by absolute majority; in the case of § 14 (21) by a two-thirds majority;
9.) In cases of extreme urgency the president may seek decisions of the board by written means. The validity of those decisions is governed accordingly by the provisions of paragraphs and 6 and 7.
10.) Except in the case of death or termination of the term of office, the functions of a board member lapse in the event of withdrawal or exclusion from the association;
11.) In the event of the general meeting rejecting the annual report or the financial report of the federal association and the associated enterprises, in which the federal association has a holding of more than 50%, the general meeting shall decide at the same session on an extraordinary general meeting to elect a new board. For the new election paragraphs 1 and 2 apply. The functions of the new board so elected end with the term of office of the board that resigned.
12.) The board decides on the rules of procedure applicable to its work;
13.) Employees of the federal association, associated enterprises, in which the federal association has a holding of more than 50%, and regional associations, may not be members of the board.
12. Tasks of the board
The board is responsible for the administration of the association. It undertakes all tasks that are not statutorily allotted to other organs of the association. Within the scope of its tasks are the following:
1.) Co-ordinating and setting priorities for the annual programme of work of the federal board and associated enterprises, in which the federal association has a holding of more than 50%. Preparing the corresponding proposals and the draft budget for the general meeting;
2.) Drafting proposals for the organisational structure of the federal association and associated enterprises, in which the federal association has a holding of more than 50%, and for the executive management of the federal association for submission to the general meeting;
3.) Accepting the activities report of the executive management of the regional association and associated enterprises, in which the federal association has a holding of more than 50%. The financial report of the associations must be submitted within five months of the closure of the financial year to which it relates;
4.) Preparing for the general meeting and informing the members. If 10 per cent of the members submit a substantiated request for information on the management of the association’s finances and activities, the board shall provide that information within four weeks;
5.) Convening regular and extraordinary general meetings
6.) Administering the association’s assets;
7.) Agreeing to the creation and/or cancellation of regular posts as well as to the appointment or dismissal of employees by the executive management. In the normal course of events, vacant regular posts are to be advertised in an appropriate manner;
8.) Participating in the acceptance of and decision on exclusion of members of the association;
9.) Granting recognition to regional associations until confirmation thereof by the subsequent general meeting;
10.) Exercising its right to object to amendments to the statutes of regional associations;
11.) Deciding on the nomination of a delegate with the right to participate in, as well as speak and table motions at, regional meetings;
12.) Approving the appointment or termination of regional representatives of the regional associations by the executive management;
13.) Appointment of executive management in associated enterprises, in which the federal association has a holding of more than 50%.
13. Specific obligations of individual members
1.) The president shall represent the association in external matters, in particular vis-à-vis authorities and third parties. He/she chairs general meetings and the board. In close collaboration with the board, he/she assumes the ownership functions in those enterprises in which the association participates.
2.) For tasks that he/she specifies more closely, the president may delegate the representation of the association in external matters to other members of the board and/or the executive management;
3.) The secretary shall support the president in the conduct of the association’s affairs. He/she is responsible for keeping a record of the general meeting and board meetings.
4.) The treasurer is responsible for the orderly management of the association’s financial affairs;
5.) Written documents and announcements of the association, in particular documents committing the association, are to be signed by the president and the secretary, in the event that they refer to financial matters, by the president and the treasurer.
6.) Should the president, secretary or treasurer be hindered, their substitutes act in their stead.
14. Executive management
1.) The board may propose to the general meeting the appointment of the executive management. The latter takes up its activities according to the agreement reached in each individual case either as a volunteer or an employee of the association;
2.) The tasks and obligations of executive management include:
a) Within a framework of activities specified by the board, acting and speaking on behalf of the association;
b) Undertaking all preparations needed for the activities of the board;
c) Co-ordinating the association’s programmes and activities in keeping with the organisational structure;
d) As assigned by the board, establishing a federal facility (office) for the supra-regional activities of the association;
e) Creating and cancelling regular posts as well as appointing and terminating employees in agreement with the board – where applicable on the basis of proposals submitted by the regional representatives of regional associations and approved by regional boards;
f) Participating in meetings of the federal board and exercising the right to speak and table motions thereat; the executive management is also entitled to take part in regional meetings with the right to speak and table motions;
g) Submitting regular reports in good time before regular general meetings
h) Appointing regional representatives of the regional associations in agreement with the board of the federal association- on the basis of shortlists of candidates approved by the regional meetings;
i) The dismissal of a regional representative of a regional association is effected by the executive management in agreement with the board of the federal association, with the respective regional board having the right to object up unless overridden by a two-thirds majority decision in the federal board;
3.) Prior to the conclusion of the board’s term of office, the executive management has to present to the board in the concluding phase of its term of office an evaluation of its activities and experiences in the final stages;
4.) The initial term of employment for the executive management is two years. Re-employment or repeated re-employment of the executive management is permissible in compliance with paragraph 1 above for a term of up to five years.
1.) The two auditors are elected by the general meeting from among the membership for a period of two years. Re-election is possible.
2.) It is incumbent upon the auditors to maintain a regular check of the financial affairs and examine the financial report of the association. They have to report to the general meeting on the outcome of their investigations.
3.) In all other matters, the provisions of § 11 paragraph 24 and 10 apply correspondingly.
1.) The tribunal decides in all disputes arising out of the circumstances of the association.
2.) The tribunal comprises five full members of the association. It will be set up in such a way that within two weeks each party to the litigation nominates to the board two members as arbitrators. The latter elect by a majority vote a chair of the tribunal. If at all possible, that person should have a legal background. In the event of a tie among those proposed, the matter is decided by drawing lots.
3.) The tribunal takes its decisions when all members are present by a simple majority. It decides to the best of its knowledge.
17. Dissolution of the federal association, dissolution of regional associations, as well as the latter’s withdrawal and/or expulsion from the federal association.
1.) In the event of the dissolution of the federal or regional associations the members cannot enter claims to assets;
2.) Upon the dissolution of the federal association, its regional associations are likewise dissolved. For the dissolution of regional associations as well as their withdrawal or exclusion from the federal association, the provisions in paragraphs 3 – 5 below apply accordingly. The general meeting can decide by two-thirds majority to exclude a regional association for gross violation of a regional association’s obligations or acting to the detriment of the association. The general meeting’s decision is final.
3.) The voluntary dissolution of the federal association can only ensue at an extraordinary general meeting expressly convened for that purpose and decided by a two-thirds majority of the delegates present and voting.
4.) That general meeting –insofar as assets exist – also has to decide on liquidation. In particular, it has to appoint a liquidator and decide to whom any association assets remaining should be transferred once all debts outstanding have been covered.
5.) In the event of liquidation or amendment to the statutes, those assets may only be transferred to a non-profit organisation that pursues objectives (in keeping with the relevant federal fiscal directives) that are the same as or similar to those of the association.
6.) Insofar as the federal association corresponds to the requirements listed in paragraph 5, in the event of liquidation or amendment to the statutes of regional associations, the latter’s assets are to be transferred to federal association. If, however, the latter does not meet the requirements, the assets are to be transferred to one or more of the regional associations remaining, inasmuch as they correspond to those requirements.
7.) Upon withdrawal or exclusion of regional associations from the federal association, at least those assets of the regional associations which accrued in connection with subsidies or benefits that the federal association had received are to be transferred in the manner described in paragraph 6.
These statutes were adopted at the general meeting held on 11/12 December 1999 in Laudongasse 40, 1080