The Peace Agents date back to programs and projects of the civil peace service during the years 2004 to 2007 at the Niall O’Brien Center, Pax Christi Philippines, initiated by a German expert at the suggestion of persons involved in conflicts on the island of Negros, and thereupon developed and successfully realized with local professionals.
This foundation is mouthpiece and instrument for all persons involved in conflicts, interested in politics, and warriors of all opposing parties in order to counter by means of alternative or system-complementary ways structural, cultural, and direct violence, especially toward the defenseless civilian population, with new strategies in handling conflicts that foster political peace and are oriented towards reconciliation.
One example of this orientation toward reconciliation is the martial art AIKIDO, originated from Japan, which applied in a reasonable and appropriate manner as holistic way to comprehend conflicts, shall be a means for the development of strategies and methods.
As learning foundation, those programs and projects mentioned, which to this day have become independent organizations (Peace Agents – Pilipinas, Inc., and Warriors for Peace – Pilipinas, Inc.), and those that will follow in other countries, shall not only be promoted in a special way, but as spearhead of a common concern give the foundation a trend-setting orientation for its own development.
§ 1 Name and Legal Form
The name of the foundation is “Peace Agents Foundation.”
Peace Agents Foundation is a foundation without legal capacity, administered by a trustee appointed according to the deed of trust. The trustee may be a juridical or natural person. The trustee represents the foundation as official representative in legal relations and business transactions.
§ 2 Purpose of the Foundation
(1) Within the meaning of the section on “tax-privileged purposes” of the general tax code, the non-profit aims of the foundation are the exclusive and direct promotion of international understanding, development cooperation, and research and education.
(2) The aim of the foundation is to promote international understanding and policies of peace in such a way that nonviolent action and actions that are directed towards reconciliation become defining elements in the handling of conflicts. The goal of these actions is to render a contribution to the development of the reality of just peace, especially for less the privileged population. For this purpose, strategically and methodically innovative approaches are at the center of the foundation’s purpose, particularly the philosophy and application of the martial art AIKIDO with the aim to explore and implement its peace promoting foundations and potentials, and to make them accessible to the general public.
The foundation realizes its aim especially by way of:
a) designing a structure for the transfer of knowledge and experiences about the illegal use of violence in conflict areas and situations on the basis of international law, the analysis of information, and publishing on the internet and other suitable media;
b) advising for, and the development of projects providing intelligence on
- human rights violations,
- social injustice,
- and other incidents and occurrences of structural or cultural violence,
especially toward minorities and the socially disadvantaged population;
c) promoting the exploration of alternative or complementary concepts of constructive, creative, and non-violent conflict handling for the need-oriented and realizable basic supply of the civilian population in the conflict encumbered sectors security, health, and education. Hereby special attention shall be paid to the approaches of the martial art AIKIDO; its fundamentals, physically comprehendible methods, and strategic goal to fundamentally change the violent and destructive nature of war;
d) the development and support of educational measures in the service of the promotion of political participation and responsibility, especially for less privileged persons and population, whereby political education shall be closely intertwined with contents of peace education;
e) the ongoing dialogue with parties involved in conflicts, and aid organizations for the development of reasonable and ethically justifiable possibilities of civil-military relations in complex humanitarian crisis situations, and if necessary providing civil-military coordinators in the case of disaster and catastrophe;
f) the promotion of transdisciplinary approaches in research and education with the goal of a holistic understanding of conflicts;
g) the support of the “Peace Agents” and “Warriors for Peace” programs and organizations worldwide, operating under the aim of the foundation stated under article 2 a to f.
(3) The foundation shall collaborate with persons and institutions pursuing similar goals.
(4) The foundation operates on a non-profit basis; it does not primarily pursue profit-oriented goals.
(5) The funds of the foundation shall be for the exclusive use for constitutional purposes. The founder and assignees shall receive no remunerations out of the funds of the foundation.
(6) No person shall profit from expenditures, benefits or allowances alien to the purpose of the foundation, or through disproportionally high remunerations.
§ 3 Assets of the Foundation
(1) The assets of the foundation are initially € 100.00.
(2) The capital of the foundation can be raised through donations of the founder or third parties that are explicitly designated as such.
(3) In the interest of a long-term existence of the foundation, its assets, including any donations, will remain undiminished in substance. For this purpose, parts of the annual profits, within the fiscal limits, can be plowed back into the assets of the foundation or unencumbered reserve funds.
§ 4 Funding Measures and Application of Funds
(1) The foundation executes the following measures:
a) Public advertizing in support of the foundation’s concern;
b) Obtaining donations from a broad public in Germany and abroad;
c) On its own responsibility carrying out appropriate measures within the scope of the aims of the foundation;
d) Granting financial allocations that are earmarked for fulfilling the purpose of the foundation to third parties.
(2) The allocation of funds is subject to the limitations of the revenue code, in special consideration of § 58 of said code.
(3) Seen over a longer period in time (at least one year), the costs for the implementation of the aims referred to in par. 1 a, and b, must not exceed 20% of the income from donations.
§ 5 Board of Directors
(1) The foundation will receive a board of directors. The board of directors is the agency responsible for the implementation of the wishes of its founder. The board of directors has the authority to issue directives to the trustee in his capacity of carrying the assets of the foundation. The board of directors can dismiss the trustee for grave reasons.
(2) The board of directors consists of three natural persons.
(3) The duties and responsibilities of the board of directors are to decide on the use of the assets of the foundation, and to watch over the statutory use of its funds.
(4) The board of directors can assign the authority to render decisions on the use of the assets of the foundation to the trustee.
(5) Particulars of the provisions applying to the board of directors are regulated by separate rules for the board of directors.
§ 6 “Kuratorium“ (Board of Trustees)
(1) The foundation can form a Kuratorium by means of a resolution by the board of directors that may comprise of an unspecified number of members.
(2) One member of the Kuratorium can be appointed its chairperson.
(3) The duties and responsibilities of the Kuratorium are advising the foundation, the board of directors and the trustee in all matters concerning the foundation, and the promotion of the concerns of the foundation in public.
(4) The Kuratorium has no decision-making power for the foundation.
(5) The foundation must not incur unreasonably high costs through the Kuratorium and its members.
§ 7 Trusteeship / Reporting
(1) The business transactions of the foundation are carried out by assignees of the trustee.
(2) The trustee must submit an annual activity report to the board of directors, therein accounting for income, expenses and the forwarding and use of the assets of the foundation.
§ 8 Amendment of the Charter
(1) The amendment of the charter is in principle possible through a unanimous resolution of the board of directors. The purpose of the foundation is exempt therefrom.
(2) With regard to the amendment of the charter, the founder retains the power of veto.
§ 9 Jurisdiction of the Revenue Office / Insolvency
(1) Resolutions on charter changes and on the dissolution of the foundation must be reported to the competent revenue office. Information on tax concessions must be obtained from the revenue office prior to charter changes pertaining to the aims of the foundation.
(2) In the case of the foundation’s dissolution or the end of its tax-privileged purpose, its assets devolve on the Teutonic Order, public corporation, for the direct and exclusive use for non-profit purposes.