Camp Boiro Internet Memorial

STATUTES & BY-LAWS

Washington, DC, February 2nd, 2005

Preamble

Convened as the Constitutive General Assembly, the Participants discussed the agenda and they exchanged broad and constructive views.

• Whereas the proclamation of the independence of the Republic of Guinea, on October 2nd, 1958, was as a milestone event, which hastened the liberation of colonial French Africa and rekindled the populations hopes for liberty and progress,
• Whereas the euphoria and expectations soon vanished under the hegemony of a single state-party, the Democratic Party of Guinea (PDG), and the totalitarian rule of the country's first president,
• Whereas, through a system of conspiracy, repression and terror, known as the Permanent Plot, the PDG and its secretary general, Ahmed Sekou Toure, imposed decades of ruthless repression of political freedom and persistent violations of human and constitutional rights,
• Whereas the National Guard barracks in Camayenne (Conakry) designated since 1969 as Camp Mamadou Boiro , and its satellite locations throughout the country, were turned into a network of concentration and death encampments for thousands of political prisoners
• Whereas political prisoners were illegally arrested, detained, tried secretly, tortured, or executed.
• Whereas in the wake of the April 3rd, 1984 military takeover, official promises renewed the dream for a free and dignified life, under the rule of law in Guinea,
• Whereas twenty years later the legacy of the dictatorship lives on, as demonstrated by the state's unwillingness to acknowledge its past and current violations of human rights,
• Whereas the deliberate destruction of the premises of the Camp Boiro has effectively obliterated irrefutable evidence of massive human rights crimes.
• Whereas a country ignorant of its negative history is bound to repeat it.
• Whereas the Guinean state has failed to build a public memorial to the victims of political repression,
• Whereas Guineans deserve to know their history since they cannot truly achieve nation building, social cohesiveness, reconciliation, and economic prosperity unless they deal with the dark and shameful issues of their country's post-colonial history.
• Whereas the awareness of the Camp Boiro crimes is fading gradually, leaving young and future generations ignorant and vulnerable to the recurrence of a PDG-like rule and dictatorship.
• Whereas the Internet provides for the instant flow of information and the worldwide sharing of knowledge, thereby enabling the denounciation of past and present human rights violations and crimes.
• Whereas the respect of human rights is a prerequisite for building democratic institutions
• Whereas the international law and treaties recognize the rights of citizens to the freedom of speech and association.

Now Therefore in consideration of the mutual covenants herein contained the Participants agree as follows.

Title I. Creation - Designation - Legal Seat - Duration - Goals - Objectives

Article 1: Creation. It is hereby created, between the individuals and organizations subscribing to the present STATUTES, a non-profit corporation non-partisan, non-profit, association, exclusively for educational, cultural and scientific purposes within the meaning of 501(c)(3) of the Internal Revenue Code of the United States of America.

Article 2: Designation. The Association is named CAMP BOIRO INTERNET MEMORIAL, in short C.B.I.M.

Article 3: Legal Seat. The legal seat of C.B.I.M is established in Washington, DC. If required, it may relocate anywhere else in Guinea by resolution of the General Assembly.

Article 4: Duration. The duration of C.B.I.M is unlimited.

Article 5: Goals. The C.B.I.M publishes a website on the Internet to document political repression and human rights violations, and to contribute to the advent of the rule of law in the Republic of Guinea.

Article 6: Objectives. The objectives of C.B.I.M. are as follows:

1. To document past and current acts of political repression and human rights violations in Guinea
2. To collect, study, and preserve oral, written and material evidence from a quarter century of totalitarian rule, which masterminded and perpetrated large-scale crimes at Camp Boiro.
3. To publish a Human Rights World Wide Web site and Virtual Museum dedicated to the martyrs of Camp Boiro and to all victims of political repression in Guinea.
4. To leverage Open Source software in creating a robust network and a dynamic information sharing environment.
5. To lead the campaign for the institution of an Internet Commission of Inquiry about Camp Boiro, pursuant to the provisions of the Internet Criminal Court.
6. To strengthen domestic legal institutions by applying international human rights law and international criminal justice
7. To fight for the prosecution of the crimes against humanity committed at Camp Boiro and the lawful trial of surviving perpetrators and torturers
8. To build a coalition of organizations advocating transparency, accountability, justice, freedom and the rule of law in Guinea
9. To undertake a thorough analysis of the correlation between political oppression, democratic deficit, impoverishment and overall decline in post-colonial Guinea.

Title II. Membership — Termination — Structure — Management — Operations

Article 7: Membership. C.B.I.M is open to all people committed to the defense and promotion of human and constitutional rights, without restriction as to their sex, racial and ethnic background, or their religious, philosophical or political affiliation. There are three types of members:

• Founding Members
• Donor Members
• Regular Members

Article 8: Termination
Membership terminates following:

• Resignation
• Expulsion for grave violation
• Death

Article 9: Structure and management The C.B.I.M is structured and managed as follows:

• The General Assembly
• The Advisory Board
• The Executive Director
• The Local Antennas

Article 10: The General Assembly The General Assembly is the highest ruling body of C.B.I.M. It has sole authority to:

• Define the main orientations of the Association
• Establish the program of activities
• Elect the members of the Board of Advisors
• Vote le budget and review the annual report of the Executive Director

The statutory members of the General Assembly are:

• The Advisory Board
• The Executive Director
• Local Antennas
• Delegates. Observers from local and international human rights organizations who may participate in a non-voting capacity.

The Ordinary Session of the General Assembly shall meet once a year. It shall elect the Secretariat of the Session, composed of a Chair and two Secretaries. The Secretariat coordinates the various activities during the session: planning the schedules, moderating the deliberations, recording the minutes, etc. An Extraordinary Session of the General Assembly may be convened by the Executive Director, or at the request of 2/3 of the Association's members. The draft agenda of the session is prepared and submitted by the Executive Director. The quorum of the General Assembly is reached when 2/3 of members are present. Otherwise, a call for a second meeting shall be made. Then, the General Assembly shall validly meet, regardless of the number of members attending personally or through a proxy. The Executive Director shall cast the deciding vote in the event of a tie vote on the Board of Advisors. The minutes of the General Assembly are co-signed by the Executive and the Chairperson of the Session.

Article 11: The Advisory Board The Advisory Board shall have an advisory role for the Executive Office. It is composed of TWELVE (12) members elected by the General Assembly for a four-year renewable term. The title and function of the Board Members are:

• Chair
• Vice-Chair
• Treasurer
• Secretaries (2)
• Members (7)

The Advisory Board is competent in:

• Advising the Executive Director
• Assisting the Executive Office in all matters pertaining to the functioning of CBIM
• The settlement of disputes
• The mobilization of resources

The responsibilities of the Chairman of the Advisory Board are as follows:

• To prevent and/or arbitrate conflicts
• To strengthen the unity and further the achievement of the goals and objectives
• To coordinate the search for funding
• To heighten the visibility and enhance the image of the Association
• To build contacts and relations with other domestic and international institutions
• To serve as the Executive Director of CBIM

Article 12: The Executive Office
The members of the Executive Office are:

• The Executive Director
• Four Sections
• Administration & Accounting
• Documentation & Authoring
• Web Publishing
• Network Administration
• The Professional and Support Staff

The responsibilities of the Executive Director are as follows:

• To carry out the recommendations of the Advisory Board and the General Assembly
• To appoint the Staff of the Executive Office
• To coordinate the activities of the Executive Office
• To sign the checks and manage the administrative, technical, and financial operations of CBIM
• To prepare and submit the reports of activities, including the draft budget for the Annual General Assembly.

The Executive Director runs CBIM for a five-year renewable term.

Article 13: The Local Antennas. The Local Antennas shall provide the core constituency of the Association. CBIM shall expand its coverage internationally, specifically in Guinea, North America (USA, Canada), and Europe.

Title III. Resources and Assets

Article 14: The resources and assets of Association are:

• The intellectual property of the content of the website
• The initial funds as stipulated by the By-Laws
• Membership fees and contributions
• Gifts, donations, subventions
• Proceeds from the Association's activities

Article 15: The assets de C.B.I.M. will proceed from the resources stipulated in Article 14 herein.

Article 16: The administration of the resources of the Association is the responsibility of the Executive Director, who shall exercise a transparent management, with the assistance of the Advisory Board.

Title IV. Affiliation — Rights — Duties — Obligations — Sanctions

Article 17: Affiliation. C.B.I.M. may affiliate itself with any organization sharing common objectives upon proposition of the Advisory Board voted by the General Assembly.

Article 18: Rights. Individual or collective adherence to the Association confers membership rights pursuant to the Statutes.

Article 19: Duties and Obligations
Membership qualification is based on the compliance with inherent duties and obligations, such as:

• Purchase of the membership card
• Payment of dues
• Good will and moral and intellectual probity
• Upholding the Statutes and the By-Laws of the Association

Article 20: Sanctions
Based on the nature and severity of the violation, a member of the Association may risk one of the sanctions stipulated in the By-Laws without prejudice of legal action. The By-Laws stipulate the sanctions imposed on contravening members.

Title V. Modification of Statutes — Resignation

Article 21: Modification. The present Statutes may be modified by the General Assembly, or at the request of a majority of 2/3 of members.

Article 22: Resignation. A member who has resigned or has been expulsed may be reinstated after a period of six (6) months, providing that they apply in writing and vow to respect scrupulously the rules and regulations of the Association. The reinstatement shall be made public by the General Assembly, following a simple majority vote, and upon advice of the Executive Office on the motives and opportunity of the reinstatement.

Title VI. Accounting Management — Final Dispositions

Article 23: Accounting Management. The Executive Director is responsible for the accounting management of the Association. To that end, the Executive Director shall:

• Work closely with Independent Accounting Consultant to ensure the professional management of resources
• Coordinate the budget
• Sign the Association's checks and file them with the Accounting Consultant
• Supervise the Executive Office
• Prepare and submit to the Advisory Board the draft agenda of the General Assembly.
• Be the first speaker to the General Assembly Sessions
• Hire the Professional and Support Staff of the Executive Office and appoint consultants, as needed
• Be the guardian of the reputation and assets of the Association.

Article 24: Fiscal Year. The Fiscal Year of the Association matches the Calendar Year: January 1st — December 31st.

Article 25: Deficit. In the event of financial deficit, the General Assembly shall decide on the measures of recovery suggested by the Executive Office and on all other actions necessary for the good business of the Association.

Article 26: Dissolution. The General Assembly has sole competence to decide the dissolution of C.B.I.M., while convened in an Extraordinary Session at the behest of the Executive Director, or by petition of at least 3/4 of statutory members, or as part of a legal procedure.

Article 27: In the event of dissolution, the General Assembly declares the attribution of the assets of the Association, in compliance with existing US laws and regulations, based on the net balance of its accounts, minus payments of dues and complete reimbursement of all debts and obligations. The remaining assets shall be distributed to other human rights or educational organizations pursuant to the provisions of the Internal Revenue Service.

Article 28: Any modification not recorded in the Statutes will be added to the By-Laws, and cannot be, in any way, contrary to the dispositions of these Statutes.

Article 29: The present Statutes discussed and adopted in Conakry, on February 2, 2004 by the General Assembly shall be accepted and upheld by all members.

For the General Assembly