STATUTE OF THE
STATUTE OF THE
ECOSPIRITUALITY FOUNDATION

1.       CONSTITUTION AND AIMS

 

1. The non-profitmaking social organisation (ONLUS) known as “Ecospirituality Foundation“ is hereby  formed in order to promote and spread the principles of ecospirituality, as laid down in the Manifesto of Aims attached hereto as an integrating part of this Statute.

The said Manifesto establishes the concept of ecospirituality as the realisation of a relationship of harmony between an individual and the environment on the basis of personal inner experience.

2. The Foundation stands for the defence of civil rights and the protection of the various cultural heritages of native, or natural peoples and ethnic minorities around the world, in so far as they may be able to make a contribution to the experiential and spiritual heritage of the whole of Humanity.

The Foundation aims to improve understanding of the art, culture and experience of natural peoples to demonstrate the philosophical, social and historical values they represent.

3. The Foundation may work with any national and/or international Institution in order to pursue the aims of its activity. On this matter we would like to underline the Foundation’s participation in the works of the United Nations Human Rights Commission in Geneva, on the subject of the indigenous populations’ rights. On that occasion the Foundation presented the case of Mount Graham, the sacred mountain to Arizona Apaches, during the sessions of the “Working Group on Indigenous Populations”  held in 2002, 22 to 26 July and 2003, 21 to 25 July.

4. To this end the Foundation promotes exhibitions, debates, lectures, petitions and gathering of signatures as those already organized which are mentioned below:

-          “Save Mount Graham” initiative in May/June 2001. On that occasion the American representatives of the Apache Survival Coalition, Ola Cassadore and  Mike Davis, Apaches from the Apache San Carlos tribe, were received:

in Piedmont: by the Deputy Mayor of Turin, Mauro Calgaro, by the Councillor for Parks and Open Spaces of Turin, Roberto Tricarico, by the Mayor of Collegno, Umberto d’Ottavio, by the Chairman of the Regional Council of Piedmont, Roberto Cota, by Piedmont Region Councillors Pino Chiazzi and Mario Contu, by the Mayor of Venaria Giuseppe Catania, by Turin Province Councillor for Social Solidarity Maria Pia Brunato, by the Councillor for Productive Activities Antonio Buzzigoli;

In Latium: by the Chairman of Italian Communists Marco Rizzo and Senator Luigi Marino at the House of Commons, by CGIL (General Federation of Italian Trade Unions) General Secretary Sergio Cofferati, by CGIL International Department Coordinator Giacomo Barbieri at the CGIL Head Office Conference Room; by Minister Vinci-Gigliucci, deputy of Minister Claudio Moreno of the Foreign Office, Human Rights Coordination Office, at the Farnesina Palace; by Rome Province Chairman Silvano Moffa, at the Valentini Palace Conference Room; by Green Party Chairman Grazia Francescato at the Green Federation Head Office; by Amnesty International Italian Director Paola Cutaia at the Amnesty International Italian Head Office;

-          denunciation of breaches of the Mount Graham case and evidence of the historical role played by Natural Peoples through the book “Natural Peoples and Ecospirituality”, written by Giancarlo Barbadoro and Rosalba Nattero in cooperation with Ola Cassadore, leader of the Apache Survival Coalition. This book has been presented to the Geneva UN Human Rights Commission of the Indigenous Peoples, receiving the encouragement of the United Nations by Julian Burger of the United Nations High Commissioner for Human Rights; the proceeds from the sales of the above mentioned book have been assigned to the Apache Survival Coalition for the defence of Mount Graham;

-          introduction of the book “Natural Peoples and Ecospirituality” :

a.       on 29 April 2004 at the Great Hall of Asti University Pole “Studi Superiori di Asti” (AT);

b.       on 16 April 2003 at the Sala Marmi – Palazzo Cisterna of Turin;

c.       on 10 December 2002 at the Capitol – Sala del Carroccio of Rome;

d.       on 9 February 2002 at the Terrazza sul Fiume of Turin;

e.       at the Book Fair, year 2002 at the Lingotto Exhibition Centre of Turin;

f.        on 22 February 2002 at the Squash Point Gym of Turin;

g.       on 18 February and 26 February 2002 at the Rosa Luxemburg Commercial School of Turin;

h.       from 20 April to 4 May 2002 at the Hall of Psychiatric Clinic of the Molinette Hospital of Turin with a seminar on the item “Natural Peoples and Ecospirituality”;

i.         in 2003 the book was presented by the Province of Turin to all School Managers for its diffusion to schools;

j.         since 2003 the book has been chosen by the libraries of Turin.

 

 

2. OTHER INSTRUMENTAL OR COLLATERAL ACTIVITIES

 

 

1. The Foundation promotes ideas aimed at making a contribution towards peace in the World. 

 

2. The Foundation proposes the study of ancient traditions as a way of recognising and preserving a link to the cultural roots of Humanity, which  may provide a sense of continuity and a source of universal values for every individual. The Foundation aims to develop research into and the preservation of the heritage of ancient traditional art and music. The Foundation aims to carry out research into the establishment of a historical memory of folk knowledge, to save it from the risk of being forgotten.

 

3. The Foundation aims to devote special attention to the care, appreciation and promotion of the cultural, artistic and historical heritage of the Celtic peoples in all aspects of its music, history and philosophy.

 

4. The Foundation stands for the right of every individual to have access to knowledge by any definition whatsoever as well as unrestricted use of any suitable means of gaining such access, together with the right to exercise personal freedom of creativity and expression and to enjoy an inner relationship with the meaning of existence.

 

5. The Foundation recognises the experience of meditation as a personal educational laboratory, where any individual can develop self-knowledge and understanding of the environment unhindered by ideological or dogmatic partiality.

 

6. The Foundation considers it worthwhile paying attention to any possible signs of other intelligent life forms, however they may be interpreted outside of the human race, together with any ethical, social or cultural implications they may have.

 

7. The Foundation aims to work towards the protection and improvement of nature and the environment. To this end it shall undertake projects promoting respect for nature, respect for animals and protection and improvement of the environment.

 

8. The Foundation proposes study and research, through the topics of interest to avantgarde science, into areas of natural phenomena that can aid understanding of the nature of the existence in which the individual lives and into areas of human relations that can aid understanding and improvement of the human condition.

 

9. The Foundation aims to carry out projects involving travel for experience and discovery and proposes the study and diffusion of languages and culture, in order to facilitate a mutual exchange of experience among peoples leading towards a global or planetary identity.

 

10. The Foundation believes that, by becoming involved in teaching how to use multimedia tools and information technology, it can assist in them being more widely used and thus lead to easier communications and exchanges of experience among peoples.

 

11. The Foundation believes in directly organising events promoting art and culture, to bring individuals into direct contact with a creative experience. In pursuance of this belief, it may organise events such as concerts, exhibitions, theatrical shows, lectures, courses and conferences with relevance to its statutory aims.

 

12. The Foundation does not pursue any party, confessional or profit-making purposes, but pursues exclusively purposes of a socially useful nature and carries out its activities on a pluralistic, voluntary and democratic basis.

 

13. The Foundation may organise various kinds of public events and run projects based on publishing, multi-media or information technology resources to make itself known to the public and enable free access to its activities.

 

14. The Foundation, in pursuance of its social aims as set out in this Statute, may carry out any financial operations, involving movable or immovable property, that it may consider necessary.

 

 

 

3. PREMISES AND OFFICIAL SYMBOL

 

 

1. The Foundation has its premises in Piazza Statuto15, Torino, Italy.

 

2.       The Foundation provides for the establishment of decentralised premises operating with respect for and in pursuance of the provisions of this Statute.

 

3. The Foundation uses the design reproduced below as its official symbol:


 

 

 

 

4. ACTIVITIES

 

 

1. The Foundation promotes cultural, research and social activities that are consistent with the content of Chapter1, article 1.

 

2.       The Foundation promotes activities supporting and cooperating with native peoples, i.e. natural peoples, all over the world.

 

3. The Foundation promotes initiatives for bringing together the cultures of the natural peoples of the whole planet.

 

 

 

5. ORGANIZATIONAL STRUCTURE

 

 

1. An organisational structure has been established for the operations of the Foundation comprising specific bodies:

 

a.  A Traditional College

 

I. This is formed by the Traditional Guides appointed by the Traditional Communities which take part in the Foundation, having been recognised and nominated as such by the Council.

II. The purpose of the Traditional College is to act as the spiritual soul of the Foundation, as inspiration and guardian of the spirit of the Foundation itself, according to the principles laid down in the Manifesto of Aims.

III. The Traditional College has no particular prerogative nor right to vote or intervene in the work of the Foundation, except as specifically provided for by the present Statute.

IV. The Traditional College has the authority to submit to the Council:

 

1. possible ideas for new areas of activity ;

2. possible censure motions concerning the activity of the Foundation or its members.

 

b. A Council

 

I. The Council is the international body which expresses, on a planetary level, the Foundation’s general principles and activities.

II. The Council is the management board of the Foundation and is composed of Founder Members, which the Council itself retains the authority to appoint, and of Members elected by the Members’ Assembly from among its own Members.

III. The duties of the Council are:

    

1. to carryout the assembly’s resolutions;

2. to formulate the programs on the basis of the assembly’s approved guidelines;

3. to agree budgets and balance sheets;

4. to consider the admission of new members;

5. to consider any requests from the Traditional College;

6. to stipulate all contracts and deeds relevant to the activity of the organisation;

7. to take care of all the real estates and assets owned by the Foundation, or entrusted to it;

8. to decide ways and means of taking part in the Foundation or activities organised by other associations and organisations, and vice-versa, provided they are compatible with the inspiring principles of this statute.

 

IV. The Council elects, from among its members:

 

1.  a management board made up, to respect the principles of democratic delegation of the management of the Ecospirituality Foundation's affairs and to satisfy the need for subdivision into local functional areas, as follows:

 

a.       A Chairperson, who is the Foundation’s legal Representative and is responsible for all its activities.

b.        A Vice-Chairperson, who may take over the duties of the Chair-person if he is unavailable.

c.        If necessary, a Co-Chairperson, who assists the Chairperson with identical statutory duties.

 

2. A Secretary, who takes care of all administrative affairs of the Foundation, draws up the minutes of the council meetings, Members' Assemblies and Executive Committee and signs them  with the Chairperson; the Secretary coordinates the work of the Chairperson in carrying out the ordinary and extraordinary management; the Secretary is responsible for keeping the books of the Foundation (the minutes of assemblies and other books relevant to the Foundation).

3. A Treasurer, who manages the Foundation funds with an appropriate system on bookkeeping, checks the accounts are kept in order and prepares the balance sheets and budgets.

 

V. The Management Board does not have any decision-making authority in the Foundation's activities, but is limited to the role of statutory guardian and co-ordinator of the bodies under its  responsibility. 

VI. The Management Board's function is to represent the Foundation in its relations with third parties and, if it so considers, to carry out ordinary administration relevant to its own responsibilities, as well as summoning and chairing the Members' Assembly and any  Ordinary Council meeting. 

VII. The Management Board may delegate representation of the Foundation to other  persons, including persons not belonging to the Foundation, on a special motion of the Council. 

VIII. The Management Board summons and chairs the Members' Assembly and the Council and ensures that they are functioning correctly. 

IX. The Management Board has the right of veto over the deliberations of the Foundation's bodies, wherever these may be considered contrary to the spirit and the interests expressed in this Statute.

X. The ordinary administration of the Foundation is entrusted to the Management Board; in exceptional cases of necessity and/or urgency the Board may carry out operations of extraordinary administration subject to ratification of such operations by the Council.

XI. The offices elected within the ambit of the Council’s activities are for a five year term and may be re-elected or re-confirmed by the Council itself.

XII. The Council appoints bodies which enable it to function and which aid the activity of the Foundation, as follows:

 

1. a Secretary, responsible for supporting the Council’s activity.

2. a Library, responsible for collecting documentary material relevant to ecospirituality.

3. an Administration, responsible for managing the Foundation’s properties.

4. any number of Working Groups required to fulfil the needs of the Council’s programmes.

 

XIII. The Council may also allocate to its subordinate bodies other duties fulfilling particular requirements of the Foundation’s activity, not foreseen by this Statute but necessary for the effective operation of the Council itself.

XIV. For executive or consultation tasks relating to its work, the Council may make use of working committees appointed by itself, as well as the voluntary activity of non-member persons with relevant skills who can  help on particular projects.

XV. The Council may make its own executive deliberations in any particular case and may purchase whatever may be required for the effective running of any of the Foundation's bodies provided for in this Statute. In the event of the Foundation being dissolved, the Traditional Communities shall determine the destination of whatever may have been

purchased. 

XVI. Ordinary meetings of the Council take place every six months and an extraordinary meeting may be called by request of at least three quarters of its members or by special request of the Chairperson.

c.  Traditional Communities

I. These are recognised as the unlimited number of traditional communities which may adhere to the Foundation.

II. They perform an executive role in carrying out the results of the deliberations of the Council.

III. Each of them is self-ruling and autonomous, notwithstanding compliance with this Statute, and is responsible for the management of any specific properties that are owned by it already or may be granted to it by the Council.

 

d.  A Members’ Assembly

 

I. This assembles all the members of the Foundation to enable examination and ratification of the reports of the Foundation’s overall activity, as well as to allow said members to present their ideas and suggest new areas of activity for the Foundation.

II. An ordinary meeting of this Assembly is called by the Management Board once a year and an extraordinary meeting may be called by the Council and by the Management Board itself in cases of absolute necessity and urgency for consultation. Meetings must be called by means of registered letter, communicating the time and place of the meeting, sent with at least ten days prior notice.

III. All members are eligible to participate.

IV. The Assembly is chaired by the Chairperson of the Council, when available, or the Co-Chairperson or then the Vice-Chairperson. Should none of the aforementioned be available, the Assembly shall be chaired by any member chosen by those present.

V. The ordinary Member’s Assembly deliberates on the following matters:

 

1. approving the budgets and balance sheets;

2. approving the guidelines to the programme of activity;

3. suggesting new guidelines to the programme of activity;

4. electing the executive bodies by secret ballot among nominated members to a number not exceeding the personnel requirements of each body. In the event of parity of votes for candidates contesting the last remaining post on a body, the candidate who has been registered longest as an Foundation member shall be elected;

5. establishing a College of Auditors and nominating the members who shall take part in it;

6. nominating an Arbitration Panel and the members who shall take part in it;

7. deciding the destination of any positive returns from the carrying on of the Foundation’s own activities and the establishment of funds and reserve funds;

8. any necessary changes to the Statute;

9. if so required, the dissolution and winding-up of the Foundation, with subsequent allocation of its assets.

                                                                                              

VI. The College of Auditors shall be composed of five members: three full members and two reserves. The main task of the Auditors is to ensure that the Foundation’s accounts are kept in order and to give their opinion on the balance sheet.

 

2. Within each statutory Body, ordinary voting is valid if three-quarters of the participants in the respective body are present or represented, at the first or second call. Each Member has the right to one vote.  Proxy votes are admissible.

Voting shall be by raising of hands. It may take place by secret ballot in special circum-stances when requested by three-quarters of Members present with voting rights and have executive effect with the mandate of three-quarters of the votes in the session.

Majority decisions should not be clearly detrimental to the interests of the minority and should be taken in consideration for the needs of the latter, with respect for the spirit and aims of this Statute.

 

3. Each Body foreseen by the present Statute may decide new functions internally and draft its own internal regulations to simplify its work and the tasks foreseen for it by this Statute.

 

 

6.  MEMBERSHIP PROCEDURES

 

1.                                                                                                                                                                                            Anyone can join the activities of the Ecospirituality Foundation provided they intend to contribute to its statutory aims and support the spirit of the Foundation’s activity, whether they be physical persons, legal entities, associations, organisations or Traditional Communities, represented by a fairly elected figurehead and free to act regardless of any distinction of gender, age, race or ethnic group, social standing, way of thinking, sexual tendencies, appearance, physical condition, culture, religion or belonging to a particular species.
Physical persons can join the Ecospirituality Foundation by direct application either to one of the Traditional Communities or through the official representatives of the said Foundation.

2. A prospective member shall, having first read this Statute, fill out and present an official admission form to the Council, which, being permanently invested with the right to do so, shall evaluate the suitability of the prospective member in accordance with the principles of this Statute before accepting the application.

 

3. The criteria used by the Council in evaluating membership suitability are based on precise considerations, to ensure smooth operation of the Foundation’s activity:

 

a.       absence of pending or previous legal convictions;

b.       full enjoyment of civil rights;

c.       ability to respect social conventions in a civil manner;

d.       Minimum age limit of 18 years. Minors under the age of 18 may participate in the activity of the Foundation as members provided they have the permission of their parents;

e.       there should be no ideological conflict with the principles and the spirit of the intentions embodied by the Foundation;

            f.     conduct tending to counter or undermine the democratic and voluntary principles

                   of the Foundation is not acceptable;

            g.    the purpose of membership should not be other than what is declared and implied

                   by the proposals and the spirit of this Statute;

h.       there should be no perceivable intention, neither direct nor reasonably deducible, to harm the activity of the Foundation.

 

4. Four types of membership are available:

 

a) Founding Member. These are nominated as such by the Council to acknowledge their specific competence in the experience of ecospirituality and special allegiance to the spirit and the principles expressed in the present Statute and the Manifesto of aims. Those who founded the Foundation hold this status and anyone demonstrating sufficient experiential merit to emulate them in pursuing the same principles and Statutory aims may be conferred with equal status, notwithstanding the interim passage of time. This is to ensure the principle of an enduring founding aim, which belongs to a cosmic dimension and cannot belong to any particular chronological dimension.

b)      Supporting Member. Membership available to anyone who intends to contribute actively to the work of the Ecospirituality Foundation by taking part in the activities of the Traditional Communities. These members play a particular role in establishing and safeguarding the Bodies required under the provisions of this Statute.

c)      Ordinary Member. Membership available to anyone who wants to make a simple personal contribution to demonstrate support for the activity of the Ecospirituality Foundation. This is also open to anyone who, for special reasons, cannot adhere to or constitute a Traditional Community.

d)Honorary Member. Members nominated as such by the Council in acknowledgement of special benevolence demonstrated towards the activity of the Ecospirituality Foundation or moral allegiance to its statutory principles.

 

5. All Members are required to safeguard and support the activity and public image of the Foundation, as well as taking part in the study, research and divulgation activities promoted by this Statute, to the best of their ability.

 

6. All Members are required to conduct their activities as members personally, spontaneously and voluntarily, without creating profit-making motivations.

 

7. All Members are required to demonstrate solidarity in their behaviour towards other members and outside the Foundation and act with honesty, good faith and correctness.

 

8. No Member may make use of membership status for purposes outside the spirit of this Statute or make ideological and/or commercial propaganda within the Foundation’s activities that may conflict or interfere with those activities.

 

9. Each Member is bound to observe the provisions of this Statute and to carry out the deliberations promulgated by the statutory Bodies in tune with the spirit and the wording of this Statute.

 

10. Adherence to a membership agreement implies familiarity on the part of each Member with this Statute, which is available from all the representatives or premises of the Foundation, and acceptance of all the provisions of the said Statute.

 

11. Membership is valid for an unlimited period of time. Membership of the Foundation may, however, be cancelled under certain conditions:

        a. in the case of death of the member;

        b. in the case of a Member’s decision to cancel;

 c. in the case of failure to observe the provisions of this Statute;

 d. in the case of failure to fulfil statutory tasks  and principles;

 e. in the case of moral, material or financial harm actually caused to the  activity of  the Foundation, or where there is good reason to believe a Member may be likely to cause moral, material or financial harm to the Foundation;

f.      in the case of immediate deliberation of the Council or the Traditional Communities, where a member proves to have made a false declaration regarding suitability for membership. In this case, the expulsion has immediate effect on notification of the decision justifying the expulsion.

 

12. Where there is failure to fulfil the provisions of this Statute the Council has the right to debate and apply disciplinary measures against offending Members. The following disciplinary measures are envisaged, depending on the nature of the failure to fulfil the provisions of this Statute:

 

a.       a simple verbal or written warning;

b.       suspension from any posts occupied within the Foundation;

c.       temporary suspension, for a fixed period from work within the Foundation;

d.       expulsion from the Foundation.

 

13. Each Member receives a membership card as evidence of belonging to the Ecospirituality Foundation and observing its membership regulations, together with a copy of the present Statute providing full information about the goals and procedures of the said Foundation. The membership card is stamped annually as evidence of payment of membership dues.

 

14. The Foundation envisages a single annual payment of membership dues, for an amount established by the Council. Honorary members are exempt from payment as is anyone who can display a valid reason for not being able to pay.

 

15. Any Member may stand for election to any post available within the Foundation and make suggestions about work to be undertaken. In both cases application should be made directly, in writing, to the Council.

 

16. Members accept all the premises of the Foundation as a registered office, where they may refer to any communications, calls for meetings and other documents relevant to the activities of the organisation, without the need for further communications, unless decided otherwise by the Council.

 

 

 

 

7. ASSETS AND INCOME, BALANCE-SHEETS,

STATUTORY SAFEGUARDS, CHANGES TO THE STATUTE

AND  WINDING UP OF THE FOUNDATION

 

 

1.  The Foundation’s Assets.

 

a. The assets of the Ecospirituality Foundation consist of intellectual and spiritual assets as well as financial assets.

b.  The intellectual and spiritual assets of the Foundation are considered to be the sum of knowledge and experience accumulated within the Bodies envisaged and set up by the Ecospirituality Foundation as part of its activity.

    These assets are safeguarded, managed and nurtured by the Council as its inalienable right.

c. The use of these assets is permitted by all the Bodies officially recognised by the Council and operating officially and in accordance with the provisions of this Statute and with the procedures laid down by the Council itself.

The financial assets of the Foundation are considered as the total figure expressly entrusted to the economic management of the Council. These assets are represented by the sum of: the membership contributions; movable and immovable properties that have been acquired; donations received; the reserve fund; and any proceeds from activities promoted by the Ecospirituality Foundation. These assets are entrusted to and managed by the Council, under its inalienable responsibility, in accordance with the needs of the Ecospirituality Foundation in pursuance of its statutory activity.        

Any funds left over after covering the ordinary expenses of the Foundation shall be allocated to extraordinary expenses, including possible donations of a philanthropical nature to cases of genuine need, regardless of membership of the Foundation itself.

The economic assets are exclusive property available solely for the activities of the Ecospirituality Foundation and may not be sold to third parties.

d. The financial assets concern only property received through donations    or purchased in the name of the Foundation.

    The Foundation’s income, which provides its assets, may derive from:

 

                                      I.      payments made by all subjects adhering to the Foundation;

                                 II.          monies generated by the Foundation’s assets under the  management of the Council;

                             III.           any proceeds from activities carried out under the promotion of  the Council.

 

    Property owned or purchased by the Traditional Communities remains absolutely their own responsibility.

 

e. The Foundation, in pursuance of its own aims as an organisation and in as much as it complies with its principles, may undertake any operations involving movable property, immovable property or other financial affairs it may consider appropriate.

f. Members who withdraw, are expelled or in any other way cease to belong to the Ecospirituality Foundation have no right to claim for reimbursement of contributions paid nor any other right to claim against the assets of the Foundation.

g. The minimum amount of dues to be paid on joining the Foundation is fixed annually by the Council. There are no particular regulations or restrictions concerning any other contributions Members may wish to make during the course of their membership of the Foundation, any such contributions being considered as payments without security.

h. Members who withdraw, are expelled or in any other way cease to belong to the Ecospirituality Foundation have no right to repeat contributions paid nor any other right to claim against the assets of the Foundation.

 

2. Balance sheets.

 

a.         The final balance sheet covers the organisation’s financial operations under the  management of the Council  from January 1st to December 31st of each year. A separate balance-sheet shall be drawn up for each operation and a budget shall be prepared when necessary.

b.         The Council shall be summoned by the 30 th September of each year for drafting the budget and shall present it by the 31st December for approval by the Members’ Assembly as required. Preparation of the final balance for the previous year shall be carried out by the Council, which must present it for approval by the Members’ Assembly by the 30th April.

c.    Balance-sheets shall be kept at the headquarters of the Foundation for 15 days after their approval, during which time they shall be made available to anyone who has a good reason for consulting them.

d.    The annual balance-sheet envisages allocation of residual assets as follows:

 

I. 10% to the reserve fund;           

II. the remainder available for new activities or purchase of equipment.

e.    Any profits or surplus created by the management must be re-utilised for the purposes of the Foundation’s activities, as envisaged by this Statute, and may, under no circumstances, be shared out among Members belonging to the Foundation, unless such sharing out be imposed by law or be carried out in favour of other non-profit making social organisations belonging to the same structure, in compliance with the provisions of letter d. comma 1 of D. Lgs. 4th December 1997 n. 460.

 

3. Statutory safeguards

 

a. Each Traditional Community is responsible in the first instance for its own internal problems; disciplinary matters may be referred to the Council by the parties involved. The Council is responsible for matters of a general nature concerning the Foundation and, in second instance for matters concerning the activity of the Traditional Communities.

b. Members who, for special reasons, are not members of any Traditional Community may appeal to the Council or be called for judgement by the Council, in single in-stances.

c. According to the gravity of the failure to comply with this Statute, the disciplinary measures envisaged by this Statute are applicable.

d. Any Member who has been subjected to disciplinary action and disagrees with the decision of the Council may appeal to an Arbitration Panel and ask for the revocation or modification of the decision.

 

 

4. Changes to the Statute

 

Any decision to make changes to the Statute shall be taken into consideration on a justified proposal by the Council and passed in the Members’ Assembly on a unanimous vote with a quorum of at least three-quarters of Members with voting rights.

 

5.  Winding-up of the Foundation

 

  1. The Foundation has no time limits. It may be wound up on a justified proposal of the Council with a decision taken by the Members’ Assembly on a unanimous vote with a quorum of at least four-fifths of Members with voting rights, for any of the following reasons:

 

I.                    if all Members agree unanimously;

II.                 if there should be no Members remaining;

III.               for any other reasons that shall be inserted into this Statute during the life of the Foundation.

 

b. In the case of its being wound up the Foundation shall pass all its assets to other non-profit making social organisations or organisations offering a service to the public, in accordance with the control body’s article 3, comma 190 of the Law of 23rd December 1996 no.662, unless other destinations should be legally imposed.

 

 

6. The Arbitration Panel

 

a.       In the event of a dispute arising from facts concerning the activities of the Ecospirituality Foundation where the decision of the responsible Bodies as provided under the Statutory Safeguards is not acceptable to the parties to said dispute, a final, binding, decision shall be given by an Arbitration Panel, in accordance with the regulations laid down by the Civil Law, Articles 806 to 831.The Arbitration Panel will be formed by one member nominated by each party to the dispute and one member, nominated by the relevant Statutory Safeguard Body, who becomes the natural Chairperson of the Panel.

Each member may contest the nomination of the member proposed by    the Statutory Safeguard Body, which must then propose a second nomination and, in the event of this second nomination also being unacceptable, a third nomination. Should none of the three nominated members be acceptable, the parties involved may appeal to the ordinary Judicial Authority. If the parties to the dispute accept the member nominated by the Statutory Safeguard Bodies, the decision adopted by the Arbitration Panel will be valid and binding as such. All the members of the Arbitration Panel must be chosen from among the members of the Ecospirituality Foundation.

 

b.   Any matters unforeseen by the Statute shall be resolved by the Members’ Assembly in accordance with the civil law in force.