Preamble
In view of the utmost importance for the return of the refugees and displaced persons from Bosnia and Herzegovina to their homes and the consequent restoration of a demographic balance which will enable the democratic process to develop and enhance the position of Muslims therein, the Ninth Islamic Summit Conference held in Doha, State of Qatar, on 12-13 November 2000, adopted Resolution 10/9-P(IS) on establishing a fund to be called "Trust Fund for the Urgent Return of Refugees and Displaced Persons in Bosnia and Herzegovina". The Fund shall operate according to the following provisions of the Statute:
Article 1: Establishment
The Trust Fund for the Urgent Return of Refugees and Displaced Persons in Bosnia and Herzegovina, which is referred to hereunder as "the Fund" shall be established by the OIC Member States in implementation of Resolution No. 10/9-P(IS) of the Ninth Islamic Summit Conference, held in Doha, State of Qatar, on 12-13 November 2000.
The Fund is affiliated to the Assistance Mobilization Group (AMG) for Bosnia and Herzegovina and shall commence its activities after its Statute is approved by the Islamic Conference of Ministers of Foreign Affairs (ICFM).
The Trust Fund for the Urgent Return of Refugees and Displaced Persons in Bosnia and Herzegovina is a charitable non-profit institution, whose revenues and savings shall be allocated only for the purposes for which the Fund has been established. It is not permissible to utilize its funds in any commercial or profit-generating activity.
Article 2: Objectives
The Fund shall seek to achieve the following objectives:
(a)Expediting the return of the refugees and displacedpersons in Bosnia and Herzegovina to their homes;
(b)Extending assistance to the returnees by qualifying them for work and providing them with all kinds of help including income generation to enable them to resettle in their places of domicile and resume their normal living.
Article 3: Headquarters
The Headquarters of the Fund shall be in Sarajevo, capital of Bosnia and Herzegovina.Article 4: Administrative Structure
The Administrative Structure of the Fund shall be composed of the following bodies:
Board of Trustees - shall be composed of all the Member States, institutions and organizations related to the OIC which contribute to the financing of the Fund.
(a-1)The Board of Trustees shall meet once every year on the sidelines of the meetings of the Islamic Conferences of Foreign Ministers. All Member States as well as institutions and organizations which contribute to the financing of the Fund, and in addition the AMG members shall participate in the meeting. The meeting shall consider the following subjects:
Annual report on the performance of the Fund submitted by the Chairman of Council of Trustees.
Election of members of the Council of Trustees at the expiry of the mandate of the outgoing Council.
Any other matter relevant to the work of the Fund.(b)In view of the difficulty of regularly convening all
the contributors, six states shall be selected to form the Council of Trustees, in addition to Bosnia and Herzegovina, the OIC General Secretariat, IDB and ISF.
(b-1)The Council of Trustees shall serve a term of three years.
(b-2)The Council of Trustees shall select from among its members, a Chairman and Rapporteur.
(b-3)The Chairman of the Council of Trustees may, after consultation with the Members of the Council, invite some states, organizations or individuals to attend the Council meetings when he deems their participation therein is beneficial to the meeting.
(b-4)The Council of Trustees shall formulate the Fund’s policies and action programmes; monitor its work process, and activities; and review them after carrying out the regular appraisal thereof. The Council of Trustees shall submit an annual report to the AMG, considered as reference to the Fund, and shall contain a comprehensive statement of the activities and achievements of the Fund. The report shall also reflect the financial position of the Fund, the amounts collected and disbursed.
(b-5)The AMG Chairman shall submit an annual report of the performance of the Fund to the Islamic Conference of Foreign Ministers.
(b-6)The Council of Trustees shall meet regularly once
every six months. The Council may hold an extraordinary meeting, when necessary, by invitation from its Chairman.
(b-7)The meetings of the Council of Trustees shall be
held by the attendance of two-thirds of its members and the representation of the OIC General Secretariat. Absent members must explain to the Council Chairman the reasons for their absence.
(b-8)Decisions of the Council of Trustees shall be taken
by absolute majority of the total of the members.(c)Executive Bureau - This is composed of an Executive Director to be selected by the Council of Trustees. The Executive Director must be experienced and specialized in this field and a citizen of an OIC Member State. The Council shall recruit a very limited number of staff, according to necessity, in order to assist the Executive Director in carrying out the work of the Fund and implementing its programmes.
(c-1)The Executive Director must submit regular reports to the Council of Trustees on the work of the Fund and its financial and administrative situation.
(c-2)The Executive Director shall be responsible for the book-keeping of the Fund’s accounts, its correspondence, as well as its administrative and financial files. He shall be solely responsible to the Council of Trustees. The Council of Trustees may, if deemed necessary, seek the assistance of an auditor.Article 5: Financial Resources
The capital of the Trust Fund for the Urgent Return of Refugees and Displaced Persons in Bosnia and Herzegovina shall be composed of voluntary contributions of OIC Member States, as well as donations and gifts extended by public and private organizations, philanthropic societies, Islamic and friendly institutions, companies and charitable persons.
Received funds in favour of the Fund shall be deposited with IDB in Jeddah. The IDB shall draw up a mechanism to finance the Fund’s projects and dispense funds through a bank of an OIC Member State working in Sarajevo.Article 6: Immunities and Privileges
The Fund and its staff shall enjoy immunities and privileges in line with the immunities and privileges accorded by the Government of Bosnia and Herzegovina to other international organisations.Article 7: Accounts
Accounts book-keeping shall be in accordance with international standards and criteria in force in non-profit institutions. Therefore, financial statements must be disclosed; accounts of the resources and expenditures of the Fund must be submitted annually, as well as at the end of the mission of the Fund.
The Council of Trustees shall engage the services of an independent reputable firm of auditors from an OIC member state for periodic audit of the Fund.Article 8: Internal Regulations
Three months after his appointment, the Executive Director shall draw up the administrative, financial and disbursement system of the Fund. The Council of Trustees shall approve the system during its first meeting.Article 9: Exemptions
Revenues, returns and properties of the Trust Fund, as well as extended donations, gifts, subsides and contributions shall be exempt from all duties and direct and indirect taxes in force in Bosnia and Herzegovina.
Correspondence and documents sent from and received by the Fund shall enjoy the immunity and privileges provided in the OIC Agreement.Article 10: Expiry of the Fund’s Mission
The Mission of the Trust Fund shall come to an end after six years. However, the working of the Fund shall be reviewed by the ICFM one year before the scheduled expiry of the Fund.