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Amnesty International Charity Limited (a company limited by guarantee) AI Index: FIN 40/003/2010 Amnesty International Charity Limited (a company limited by guarantee) Report and financial statements for the year ended 31 March 2009 Company No: 2007475 Charity No: 294230
Amnesty International Charity Limited (a company limited by guarantee) AI Index: FIN 40/003/2010 Contents Section Page Legal and Administrative details ...................................................................................................................... 1 Report of the directors....................................................................................................................................... 2 Statement of Financial Activities .................................................................................................................... 18 Balance Sheet .................................................................................................................................................. 19 Cash Flow Statement ...................................................................................................................................... 20 Notes to the financial statements................................................................................................................... 21
Amnesty International Charity Limited (a company limited by guarantee) AI Index: FIN 40/003/2010 Legal and Administrative details Directors (and Trustees): Ms Alexandra Marks Mr Frans van Dijk Company Secretary: Mr George Macfarlane Address and Registered 1 Easton Street Office: London WC1X 0DW Company Registration 2007475 Number: Charity Registration Number: 294230 Date of incorporation: 7 April 1986 Constitution: Company limited by guarantee, with memorandum and articles of association. Solicitors: Clifford Chance LLP 10 Upper Bank Street London E14 5JJ Bankers: HSBC Bank plc 74 Goswell Road London EC1V 7DA Auditors: Horwath Clark Whitehill LLP St Bride’s House 10 Salisbury Square London EC4Y 8EH 1/30
Amnesty International Charity Limited (a company limited by guarantee) AI Index: FIN 40/003/2010 Report of the Trustees for the year ended 31 March 2009 The Trustees, who are also the Directors of the Charity, present their annual report on the affairs of the Charity, together with the financial statements and auditors’ report for the year ended 31 March 2009. 1. Aims and activities Amnesty International Charity Limited (“the Charity”) is a registered charity. It was incorporated on 7 April 1986 to undertake those aspects of the work of the Amnesty International Secretariat which are charitable under United Kingdom law. The governing documents of the Charity are its Memorandum and Articles of Association. Its charitable objects are: To promote research into the maintenance and observance of human rights and to publish the results of such research. To provide relief to needy victims of breaches of human rights by appropriate charitable (and in particular medical, rehabilitation or financial) assistance. To procure the abolition of torture, extrajudicial execution and disappearance. Within those objects, the Charity carries out the following activities: Undertaking and commissioning research into the maintenance and observance of human rights and publishing the results of such research. Providing relief to needy victims of breaches of human rights. Working to procure the abolition of torture, extrajudicial execution and disappearance. The Charity largely commissions Amnesty International Limited to undertake charitable activities of the kind described above on its behalf. 2. Relationship between Amnesty International Charity Limited and Amnesty International Limited Amnesty International (AI) is an unincorporated, international movement, which has as its objective the securing of the observance of the provisions of the Universal Declaration of Human Rights and other human rights instruments throughout the world. The AI movement consists of 51 sections in different countries throughout the world, certain “decentralized” units undertaking specific functions and an International Secretariat whose main office is in London. Delegates of the national sections meet periodically at International Council Meetings to co-ordinate their activities and to elect an International Executive Committee to implement the Council's decisions and appoint a Secretary General. The International Secretariat is responsible through the Secretary General to the International Executive Committee. 2/30
Amnesty International Charity Limited (a company limited by guarantee) Report of the Trustees – continued AI Index: FIN 40/003/2010 The work of the Amnesty International, International Secretariat is undertaken primarily by Amnesty International Limited (activities not deemed to be charitable in the UK) and Amnesty International Charity Limited (charitable activities). Amnesty International Charity Limited commissions Amnesty International Limited (“AIL”) to carry out charitable activities on its behalf under the terms of the memorandum of agreement first signed in June 1992 and signed each year thereafter. The Charity reimburses AIL for carrying out such commissioned work as the Trustees of the Charity determine. 3. Connected charities In addition to the relationship with Amnesty International described above, the Charity has agreements with the following organisations to carry out charitable work on their behalf and receives grants from them for that purpose. Amnesty International UK Section Charitable Trust The Human Rights Action Centre 17-25 New Inn Yard London EC2A 3EA Amnesty International Canadian Section (English Speaking) 312 Laurier Avenue East Ottawa Ontario K1N 1H9 Canada Amnistie internationale, section canadienne francophone 6250 boulevard Monk Montreal Quebec H4E 3H7 Canada The two Canadian organisations together form the Canadian Section of Amnesty International. 4. Governance The Charity is a company limited by guarantee and does not have share capital. The guarantors are the members of the International Executive Committee (IEC). The IEC is an elected body which normally consists of 9 individuals. The members of the IEC are elected by the representatives of the country sections of Amnesty International for a two year term at biennial International Council Meetings. The Trustees who are also Directors of the Charity are appointed by the IEC of Amnesty International. New Trustees will be invited to attend a one-day induction course. 5. Management 3/30
Amnesty International Charity Limited (a company limited by guarantee) Report of the Trustees – continued AI Index: FIN 40/003/2010 The Trustees have responsibility for the oversight of the Charity. They have commissioned AIL to carry out charitable work on its behalf. The activities of AIL are managed by the Secretary General, Irene Khan, supported by a senior management team of 7 people and approximately 460 staff based in a number of International Secretariat offices around the world . 6. Principal Risks and Uncertainties The management of activities and the execution of the Charity’s strategy are subject to a number of risks. Risks are formally reviewed by the Board of Trustees and appropriate processes put in place to monitor and mitigate them. If more than one event occurs, it is possible that the overall effect of such events would compound the possible adverse effects on the Charity. The key risks affecting the Charity are set out below: Reputational risk Unauthorised use of the name, logo and trademark of Amnesty International could seriously impact the Charity’s reputation. The Trustees are aware of a project initiated by AIL to protect the name, logo and trademark by coordinating and centralizing their registration. Libel risk There exists the risk of libel or defamation action being taken against the Charity arising from publication content (including Amnesty owned or branded websites). During the current financial year AIL has appointed a legal counsel to provide advice and legal support on possible defamation issues for the Charity and the Company. Financial risks The Trustees believe that the Charity does not have any significant exposure to price, credit, liquidity or cash flow financial risks as: The Charity does not trade The Charity’s principal financial assets are cash at bank and investments To maintain liquidity to ensure that sufficient unrestricted funds are available for ongoing and future activities, the Charity regularly reviews the programme of AIL commissioned research projects and the value of contributions payable to AIL The Charity’s exposure to risk of changes in foreign currency exchange rates arising from the receipt of assessment contributions in Canadian Dollars is considered insignificant (see Note 3) 7. Activities during the year In a short report of this nature it is not possible to detail in its entirety the volume and variety of initiatives undertaken around the world by AI and in AI’s name during the period 1 April 2008 to 31 March 2009. However, this report gives an overview of the Charity’s contribution to the overall work and achievements of Amnesty International over these past 12 months. Research into human rights violations 4/30
Amnesty International Charity Limited (a company limited by guarantee) Report of the Trustees – continued AI Index: FIN 40/003/2010 The Charity commissioned AIL to carry out 247 research projects for the two year period from 1 April 2008 to 31 March 2010 and to publish reports on its findings. At the balance sheet date, a number of these projects were in progress although 230 research projects have been completed as at the date of this report. The ability of the Charity to achieve its objectives is dependent upon AIL being granted access to relevant countries and territories and the security of AI staff, consultants, volunteers and local partners undertaking research activities. Research was carried out and published in the following countries during the year from funds granted by the Charity to AIL in accordance with the Memorandum of Agreement reached between the two companies at the start of the period: Afghanistan AI highlighted the situation of unprecedented levels of indiscriminate attacks, abductions and the targeting of civilians, and of how insecurity further restricted already limited access to food, healthcare, and schooling. AI’s work also reported on the justice system, impunity, arbitrary arrests and detentions, abuses by Afghan and international forces and armed groups, freedom of expression, discrimination and violence against women and girls, and internally displaced people and returnees. This work led to a number of reports on the death penalty, women human rights defenders, arms proliferation, the suffering of civilians due to suicide attacks, and a submission to the UN. Algeria AI reported on the situation of incommunicado detention and unfair trials in the context of counter- terror and security; prosecutions relating to freedom of expression and religion; enforced disappearances; continued harassment of human rights defenders and journalists; the arrest, indefinite detention, ill-treatment and collective expulsion of migrants. AI also worked to oppose violence against women and the death penalty. AI submitted a briefing to the UN Committee against Torture. Angola AI delegates applied for visas in October to visit Angola but these have not yet been issued. The last visit to the country was in February 2007. AI worked on the situation of housing rights, on protecting Angola’s human rights defenders from continued intimidation and harassment, on protecting journalists from harassment through defamation cases, on arbitrary arrests and detentions, and reported on the long prison term for a prisoner of conscience. AI submitted a briefing to the 41st Session of the UN Committee on Economic, Social and Cultural Rights, and in the run-up to September parliamentary elections AI published a briefing for election monitors. Austria AI delegates visited Austria in March, April and May. AI's concerns focused on the lack of progress on implementing safeguards against torture and other ill-treatment, police and security forces, the authorities' failure to protect the rights of asylum seekers and migrants, and the justice system. Belarus AI delegates visited Belarus in October to research the death penalty in the context of authorities continuing to hand down death sentences and execute prisoners. AI also reported on continued restrictions on freedom of assembly and expression, including towards lesbian, gay, bisexual and 5/30
Amnesty International Charity Limited (a company limited by guarantee) Report of the Trustees – continued AI Index: FIN 40/003/2010 transgender people, civil society activists and journalists, as well as reporting on the situation of prisoners of conscience. Brazil AI delegates visited Brazil in May and November. AI reported on continued torture and other ill- treatment by law enforcement officials, intimidation and threats of violence and forced evictions towards landless workers and Indigenous Peoples in rural areas, as well as on continued threats, intimidation and attacks against human rights defenders, with lawyers, union leaders and community activists being criminalised by the authorities. Research on women's rights led to the publication of a report on women's experience of urban violence in Brazil. Burundi AI delegates visited Burundi in November for research and produced a submission for the UN Universal Periodic Review. Increased violations of freedom of expression remain a concern, as does the government’s failure to break the cycle of impunity. Despite some reforms, significant problems remained in the administration of justice. A large number of children were detained without trial. Rape and sexual violence, despite their prevalence, were rarely investigated and prosecuted. In response, AI circulated the appeal for action, ‘Rape in Burundi – demand justice now!’ on 21 July 2008. Cambodia AI visited Cambodia in February/March and October and produced four reports based on research focused on forced evictions and the rights of prisoners of conscience and human rights defenders – namely, Cambodia: Release scapegoats for labor leader’s murder, Rights Razed – Forced evictions in Cambodia, Cambodia: Ignoring the rights of Indigenous Peoples, Cambodia: A risky business – defending the right to housing. Cameroon The authorities of Cameroon did not grant AI access to the country. AI’s research and representational work focused on the issues of state corruption, discrimination based on sexual orientation, and on the abuses of freedom of expression, which saw prisoners of conscience, journalists and human rights defenders threatened and denied justice. Chad AI delegates visited Chad in May, following the publication of a report Double misfortune: The deepening human rights crisis in Chad focusing on the violations of human rights and humanitarian law, by both government and armed opposition forces, that took place during fighting in N’Djaména in February 2008. The report, Chad: Security forces shot 68 people in an attempt to arrest a Muslim spiritual leader, also highlighted how civilians remain under attack and ill-protected. China AI conducted research on China’s human rights abuses and broken promises in the context of the Beijing Olympics. Numerous reports were published on matters including executions; unfair trials; extra-judicial forms of detention; human rights defenders; freedom from censorship; and the 6/30
Amnesty International Charity Limited (a company limited by guarantee) Report of the Trustees – continued AI Index: FIN 40/003/2010 crackdown on activists and Tibetan protesters. AI published a further report on access denied to the Tibetan Autonomous Region and also prepared a briefing for the UN Committee against Torture. Colombia AI delegates visited the country in February, March, April, June, July and October. Research undertaken during these visits lead to the publication of reports concerning the effects of Colombia’s ongoing internal armed conflict; extrajudicial executions; paramilitary groups; the ‘para-political’ scandal; guerrilla groups; kidnapping, hostage-taking and the release of Ingrid Betancourt; violence against women, US military aid; and international scrutiny. AI issued a public statement condemning the bomb attack of 31 August 2008, and published a further report calling for a stop to the killings of Indigenous and Afro-descendant land rights activists. Cuba With the commencement of Raul Castro’s presidency, AI focused its research on the continuing impact of the US embargo; persisting restrictions on freedom of expression and association; prisoners of conscience; the justice system; and the death penalty. Democratic Republic of Congo AI delegates visited the country in July to monitor the political unrest that followed the government elections. In this context, AI focused its research on matters concerning freedom of expression and association; arrest, detention and ill-treatment of alleged rioters; and long-term detention without trial of asylum seekers. Egypt AI delegates visited the country in February in an unsuccessful attempt to observe the trial of several members of the Muslim Brotherhood before the military court. In addition, AI delegates returned to Egypt in May and July to participate in conferences and workshops. This lead to the publication of reports focusing on the shortcomings of the justice system; torture and ill-treatment; freedom of expression, assembly and association; the discrimination of suspected homosexual males; the treatment of asylum seekers, refugees and migrants; and the pattern of reckless policing. Ethiopia AI reported on human rights abuses committed by the Ethiopian troops and by the Ogaden National Liberation Front (ONLF) in Somalia against civilians. AI called for the withdrawal of a draft law that would restrict the activities of Ethiopian and international organizations working on human rights, and raised concerns over arbitrary arrests and detention, freedom of expression of journalists and arrests of human rights defenders and political dissidents. Torture and the death penalty continued to be areas of concern. France AI delegates visited France in March and May. AI expressed concern over cases of torture and ill- treatment committed by police officers against irregular migrants and asylum-seekers held in detention centres, and the lack of adequate investigation and punishment of such human rights violations. AI submitted a briefing to the UN Human Rights Committee outlining its human rights concerns in France. Other major areas of concern included the situation of migrants, asylum seekers 7/30
Amnesty International Charity Limited (a company limited by guarantee) Report of the Trustees – continued AI Index: FIN 40/003/2010 and refugees; forcible deportation to countries where individuals face serious security risks and arbitrary arrests and detentions. Georgia AI delegates visited Georgia in July, August and October. A report was published examining the human rights violations committed against civilians during the Georgia/Russia conflict. Major areas of concern included displacements, repression of dissent, freedom of expression and censorship. Guatemala AI continued to report on human rights abuses against human rights defenders and trade unionists. AI put forward a submission to the UN Universal Periodic Review raising concerns over impunity, violence against women, the International Criminal Court, human rights in the context of disputes over land, and the role of international human rights. AI continued to monitor forced evictions, death penalty and public security issues, calling for an end to impunity. India AI delegates visited India in May, July-August and December and met government officials and civil society organizations. Reports were published on a number of areas of concern, including violations during the “recapture” of Nandigram, the death penalty, fair trials, forced evictions of indigenous communities, violence against Christian minorities, elections, impunity and anti-terror laws. Indonesia AI delegates visited Indonesia in March, July, August and November. Freedom of expression was monitored in Papua and Maluku, and other areas of concern included excessive use of force, impunity, right to health and the resumption of executions. AI put forward a briefing to the UN Committee against Torture, and published reports on freedom of expression in Maluku and the ill- treatment of a Papuan prisoner. Iran Three reports were published on ending executions by stoning, women’s rights defenders and human rights abuses against the Kurdish minority. AI’s work focussed on freedom of expression, association and assembly. It also produced its findings on unfair trials, torture and other ill-treatment of detainees. Research was carried out on refugees and asylum seekers, discrimination against women and repression of minorities. Iraq AI delegates visited the Kurdistan region of Iraq in May/June and resultant reports focussed on the plight of those displaced by the US-led invasion and subsequent internal armed conflict, including Palestinian refugees forced to flee Iraq. AI also published the key findings from its assessment of the situation of Iraqi refugees in Syria. 8/30
Amnesty International Charity Limited (a company limited by guarantee) Report of the Trustees – continued AI Index: FIN 40/003/2010 Israel and Occupied Palestinian Territories AI delegations visited Israel and the OPT from February to May. Reports were published on Israeli military actions and Palestinian abuses in Gaza, and on the punitive restrictions faced by families of Palestinian detainees and the West Bank village of ‘Aqaba under threat of demolition. Kenya AI delegates visited Kenya in February, March, September and December. In relation to the post- election violence, AI conducted research missions and released several publications including recommendations to the African Union Assembly and the African Union Peace and Security Council urging them to address the human rights issues arising from the crisis. Publications were also issued calling for the investigation of unlawful transfers of terror suspects and expressing concerns about the Truth, Justice and Reconciliation Commission Bill. Liberia AI delegates visited Liberia in January to make a film documenting the reintegration of female ex- combatants, and in March launched a report on the discrimination faced by women during and following demobilisation and disarmament. A subsequent report discussed the lessons learned during the Truth and Reconciliation Commission’s first two years and the challenges of the final phase of its work. Mexico AI’s research on Mexico focussed on domestic violence in Mexico and on promoting indigenous rights. A submission was also made to the UN Universal Periodic Review raising concerns in relation to national human rights legislation, institutions, and the implementation of the Rome Statute of the International Criminal Court; impunity for human rights violations, public security, torture and other serious human rights violations; social activists and human rights defenders. Myanmar AI published reports on the crimes against humanity perpetrated by the Myanmar army in their military offensive against ethnic Karen civilians. In the wake of Cyclone Nargis the research team published their concerns as the Myanmar authorities created a human rights crisis from a humanitarian disaster by deliberately blocking aid to those affected by the cyclone. AI also made public concerns about the human rights implications of the new constitution and national referendum held in the immediate aftermath of the cyclone damage. Nigeria AI delegates visited Nigeria in February/March, July and October/November and launched three reports on the treatment of prisoners, including the flawed trials of many of those on death row. Other publications included a report on the failure of Nigerian police and security forces to protect and respect human rights and a submission to the UN Universal Periodic Review. 9/30
Amnesty International Charity Limited (a company limited by guarantee) Report of the Trustees – continued AI Index: FIN 40/003/2010 Pakistan Following the general elections and period of emergency rule, AI issued a briefing on the assault on the independence of the judiciary and on constitutional human rights protections that took place during the emergency, setting out reasons why an independent judiciary is vital for the respect of human rights and explaining the nature and impact of the “legislative” measures taken by Pervez Musharraf. Palestinian Authority AI delegates visited the West Bank and Gaza between February and April, publishing the report Occupied Palestinian Territories: Rival Palestinian factions must end crackdown on opponents. Inter-factional tension remained high between the West Bank-based Palestinian Authority and the Hamas de facto administration in the Gaza Strip. Both sides are responsible for arbitrarily detaining hundreds of members or sympathizers of rival factions without charge or trial, often torturing and otherwise ill-treating detainees, as well as continuing to clamp down on freedom of expression. Peru AI delegates visited Peru in July and attended the trial proceedings of former president Alberto Fujimori on a number of occasions during the year. Impunity, maternal health, social protest originating from the poor, and the situation of human rights defenders were raised as issues of concern. Philippines AI’s research and publications concentrated on renewed armed conflict and impunity. AI monitored human rights in respect of enforced disappearances and extrajudicial executions and raised its concerns in relation to freedom of expression and indigenous people’s rights. Research was also carried out on inhuman and degrading conditions in juvenile detention centres. Rwanda Following the entry of Rwandan troops into the DRC in late January 2009, AI raised its concerns in relation to the increase in military activity which threatened to endanger the civilian population. AI continued to monitor freedom of the press and Prisoners of conscience. AI also carried out research on international justice, impunity and the rights of lesbian, gay, bisexual and transgender people. South Africa AI’s work focused on the rights of refugees, asylum-seekers and migrants. Research was carried out on violence against women, poverty and inequality. AI published its findings on torture and other ill- treatment by police, prison warders and private security guards. Reports concentrated on displaced civilians and human rights abuses facing rural women living with HIV. Sri Lanka Research was carried out on the displacement of civilians, unlawful killings and enforced disappearances. AI raised its concerns in relation to the government’s failure to address impunity for past human rights violations. AI monitored the treatment of human rights defenders and journalists and reports were published on arbitrary detentions. 10/30
Amnesty International Charity Limited (a company limited by guarantee) Report of the Trustees – continued AI Index: FIN 40/003/2010 Sudan AI published a report on displacements in the Darfur region and concentrated much of its efforts in the country on the Darfur crisis. AI also monitored the application to prosecute President Omar Al Bashir at the ICC, and raised concerns over arbitrary arrests and detention, unfair trials resulting in the death penalty, freedom of expression of journalists and arrests of human rights defenders. Syria An AI delegation visited Syria in February/March to look into the situation of Iraqi refugees and to gather information about human rights abuses in Iraq. This visit resulted in a report on the Iraqi refugee crisis. Other major areas of concern included political prisoners and POCs, counter-terror and security measures, enforced disappearances, unlawful killings and freedom of expression. A report on the trials of pro-democracy activists was released, while AI continued to monitor the situation of women and girls, human rights defenders and the Kurdish community. Torture and the death penalty continued to be areas of concern. Timor-Leste AI continued to monitor the rebuilding of the national police force and recorded incidents of human rights violations by both police and military personnel. AI also raised concerns over the plight of internally displaced people and impunity for former military leaders, militia groups, civilian government and police. United Kingdom AI delegates observed court proceedings in England and also visited Northern Ireland. A key area of concern was counter-terror and security, and reports were published on the UK Counter Terrorism Bill 2008 and Europe’s role in rendition and secret detention. Other areas of concern included the inquest into the police killing of Jean Charles de Menezes, collusion and political killings in Northern Ireland, refoulement of Iraqi refugees, trafficking, and children’s rights. United States of America AI delegates observed military commission proceedings in Guantanamo, and published reports on the cases of a number of so-called “enemy combatants”. Other reports focussed on the use of stun weapons, the death penalty and the “war on terror”. Other areas of concern included maternal mortality, violence against women, migrants’ rights and racial discrimination. Uzbekistan AI published a summary of human rights concerns in Central Asia, and a shadow report to Uzbekistan’s submission to the UN Universal Periodic Review. Concerns were raised over the lack of international scrutiny, freedom of expression and religion and allegations of widespread torture. Harassment of human rights defenders was reported, and the death penalty and counter-terrorism monitored. 11/30
Amnesty International Charity Limited (a company limited by guarantee) Report of the Trustees – continued AI Index: FIN 40/003/2010 Additional Key Global Themes Additional research on human rights issues was funded and undertaken in a number of countries and summaries of this work can be found on the internet at www.amnesty.org under the 2008 AI Annual Report entries. However, globally key themes were monitored and reported on including: • Building mutual respect and combating discrimination by creating greater awareness of the intersection of different forms of discrimination. This included research into specific and grave patterns of ethnic, racial and religious discrimination; into laws which criminalise the exercise of sexual and reproductive rights; and campaigning support for the rights of indigenous people. • Demanding justice to combat impunity by supporting the effective operation of the International Criminal Court and national courts systems in keeping with fair trial standards. AI monitored justice in post conflict situations and worked to ensure barriers to accountability in national justice systems were lifted. AI researched and monitored compliance with International institutions on corporate accountability and states accountability for abuses by non-state actors. • Upholding the physical and mental integrity of all people by researching counter terrorism practices to work against the erosion of international human rights standards and ensure safeguards against torture and disappearances were not dismantled. AI continued to work for the release of prisoners of conscience. • Defending the rights of people in armed conflict by investigating impunity for abuses committed by states and armed groups, continuing to call for the non-involvement of children in armed conflict and ensuring human rights are central in conflict prevention and resolution initiatives. AI worked for the development and adoption of standards and legislation on arms transfer and complicity of economic actors being held to account for human rights abuses. • Protecting and promoting the rights of human rights and uprooted people by opposing refoulement of asylum seekers and calling for access to fair and effective procedures. AI challenged the practice of arbitrary detention of refugees, asylum seekers and migrants and continued to call for the effective protection of refugees and internally displaced persons and ensure access for the protection of victims of trafficking. AI worked to influence public opinion in support of refugees, migrants and internally displaced people. • Championing the rights of women and girls by exposing laws and state policies which encourage violence against women or restrict women’s access to employment or education. AI continued to work for effective release through criminal justice systems and oppose impunity for rape and other forms of sexual violence. • Advancing economic, social and cultural rights by working to ensure that greater reference is made by UN bodies and other International Governmental Organizations to existing ESCR legislation and protocols and researching specific patterns of Economic, Social and Cultural violations linked to poverty, disease and discrimination. Relief Work The Charity provides financial relief to victims and their dependants. It seeks to ensure that the resources for this area of charitable work are used as fairly and effectively as possible. The Charity is not primarily a relief organisation; the resources it has for this kind of work are limited. For the most part it gives relief assistance only to prisoners of conscience (POCs) or victims of other 12/30
Amnesty International Charity Limited (a company limited by guarantee) Report of the Trustees – continued AI Index: FIN 40/003/2010 serious human rights violations who have not used or advocated violence; it provides assistance only for the needs which are directly related to the human rights violations which people have suffered, and it does not fund human rights organisations or opposition groups. The relief expenditure is part of the work commissioned from AIL and includes providing financial help for basic requirements to individual cases of current and former POCs, people who have fled their own country to escape being subjected to torture, “disappearance” or extrajudicial execution and medical help to people suffering ill-health or injury as a result of torture. In the year, no expenditure was incurred on relief work as reported in note 5 to the attached accounts as no such work was commissioned from AIL. Abolition of torture, extrajudicial execution and disappearance The Charity campaigns to hold governments accountable for their actions and to uphold international law and the absolute prohibition of torture, extrajudicial execution and disappearance under any circumstances. In the year, the Charity commissioned AIL to carry out research projects in South East Asia, South America, Africa, the Middle East and Russia and to publish reports on its findings. Plans for future periods The aims and objectives of the Charity of promoting research into the maintenance and observance of human rights have been fully pursued in the past year. The Trustees intend to continue to provide funds to achieve the objectives of the Charity and in the coming year the Trustees expect to continue this work and have commissioned research on the following countries: Afghanistan, Algeria, Argentina, Bahrain, Bangladesh, Belarus, Bolivia, Brazil, Cambodia, Cameroon, Canada, Caribbean, Central Africa Republic, China, Colombia, Congo Brazzaville, Cuba, Dominican Rep, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Ethiopia, Fiji, Georgia, Guatemala, Haiti, Honduras, India, Indonesia, Iran, Iraq, Israel/OPT , Jamaica, Japan, Jordan , Kazakhstan, Kuwait, Kyrgysztan, Laos, Lebanon, Libya, Malaysia, Mexico, Moldova, Mongolia, Morocco/W Sahara, Mozambique, Myanmar, Nepal, Nicaragua, North Korea, Oman, Pakistan, Paraguay, Peru, Philippines, PNG, Qatar, Saudi Arabia, Singapore, Solomon Islands, Somalia, South Korea, Sri Lanka, Sudan, Swaziland, Syria, Taiwan, Thailand, Timor L'Este, Tunisia, Turkmenistan, Uganda, Ukraine, United Arab Emirates, United States of America, Uzbekistan, Vanuatu, Venezuela, Viet Nam, Yemen. 8. Restricted Grant Income During the year under review, the Charity was awarded a grant of £250,000 from the Sigrid Rausing Trust (a UK grant making trust). The aim of the grant was to support AI sections and structures and related bodies to build and strengthen the international human rights constituency in the global South and East and carry out effective actions that will impact on the human rights situations around the world. The grant was ring fenced for the International Mobilisation Trust and was redistributed to sections and structures in the global South and East during the financial year 2008/9. During the year, the IS also received a grant of £158,000 being part of a four year award from the UK Department for International Development (Governance and Transparency funds) in support of its human rights education work in Africa. Further restricted grants were also received from Amnesty International UK (£400,000) and Amnesty International Canada - Francophone (£1,000). 13/30
Amnesty International Charity Limited (a company limited by guarantee) Report of the Trustees – continued AI Index: FIN 40/003/2010 9. Financial review The results for the Charity show net outgoing resources of £398,000 (2008: net incoming resources of £811,000). The principal sources of funding for the Charity are contributions received from Sections and donations received from Amnesty International Limited. Incoming resources have increased in total from £18,936,000 in 2007/2008 to £20,290,000 in 2008/2009 mainly due to the increase in the contributions from Amnesty International UK Section Charitable Trust of £554,000 and the increase in donations and bequests (£567,000). Total resources expended have increased from £18,125,000 in 2007/2008 to £20,688,000 in 2008/2009 mainly attributable to the increase in cost of activities in furtherance of the Charity’s objectives of £2,841,000. The Charity has net current assets of £2,548,000 as at 31 March 2009 (2008: £2,946,000). The Charity has unrestricted funds totalling £2,402,000 at the balance sheet date (2008: £2,926,000). Net cash outflow from operating activities for 2009 was £2,426,000 (2008: net cash inflow £1,632,000) mainly due to the increase in debtors of £1,007,000 and decrease in creditors of £938,000 (2008: increase in debtors of £6,000 and increase in creditors of £931,000) The Charity has net funds of £2,548,000 as at 31 March 2009 (2008: £2,946,000). Reserves policy As the Charity’s activities are largely carried out on its behalf by AIL under the terms of an agreement between them and AIL waives the right to charge for most of the services it provides, the Charity has no requirement for significant reserves. At the year-end the unrestricted funds approximate to two months of planned expenditure which the Trustees consider to be a reasonable level. Investment policy In the situation where it has significant funds the Charity aims to invest such funds in a prudent and ethical manner to enable funding of future activities. During the financial year, any cash not immediately required for operational work, was placed in money market deposit accounts. 10. Directors and directors’ interests The directors of the Charity at 31 March 2009 and to date were as follows: A Marks (Chairperson) F van Dijk In accordance with Article 38 of the Articles of Association, the directors are required to retire at the forthcoming annual general meeting. Being eligible, both offer themselves for re-election. 11. Company Secretary Kate Gilmore resigned and George Macfarlane was appointed company secretary on 14 October 2008. 14/30
Amnesty International Charity Limited (a company limited by guarantee) Report of the Trustees – continued AI Index: FIN 40/003/2010 12. Public Benefit The activities currently carried out for the public benefit by the Charity can be broadly categorised into the following activities: Research into the maintenance and observance of human rights; Provision of relief to needy victims of breaches of human rights; and Procurement of the abolition of torture, extrajudicial execution and disappearance In setting our objectives and planning our activities, the Trustees have given careful consideration to the Charity Commission’s general guidance on public benefit. The Trustees always ensure that the activities undertaken by the Charity are in line with its charitable objects and aims. 13. Auditors Each of the persons who is a director at the date of approval of this report confirms that: so far as each director is aware, there is no relevant audit information of which the company’s auditors are unaware; and the director has taken all the steps they ought to have taken as a director in order to make themselves aware of any relevant audit information and to establish that the company’s auditors are aware of the information. This confirmation is given and should be interpreted in accordance with the provision of s234ZA of the Companies Act 1985. The Trustees appointed Horwath Clark Whitehill LLP as auditors of the Company on 23 March 2009. BY ORDER OF THE BOARD A Marks Trustee December 2009 1 Easton Street London WC1X 0DW 15/30
Amnesty International Charity Limited (a company limited by guarantee) Report of the Trustees – continued AI Index: FIN 40/003/2010 Statement of Trustees’ responsibilities The Trustees are responsible for preparing the Annual Report and the financial statements in accordance with applicable law and regulations. The Trustees are responsible for preparing financial statements for each financial year which give a true and fair view, in accordance with United Kingdom Generally Accepted Accounting Practice, of the state of affairs of the company and of the profit or loss of the company for that period. In preparing those financial statements, the directors are required to: select suitable accounting policies and then apply them consistently; make judgements and estimates that are reasonable and prudent; state whether applicable accounting standards have been followed, subject to any material departures disclosed and explained in the financial statements; and prepare the financial statements on the going concern basis unless it is inappropriate to presume that the company will continue in business. The Trustees confirm that they have complied with the above requirements in preparing the financial statements. The directors are responsible for keeping proper accounting records that disclose with reasonable accuracy at any time the financial position of the company and enable them to ensure that the financial statements comply with the Companies Act 1985, the Statement of Recommended Practice ‘Accounting and Reporting by Charities 2005’ and the governing document. They are also responsible for safeguarding the assets of the company and hence for taking reasonable steps for the prevention and detection of fraud and other irregularities. The Trustees are responsible for the maintenance and integrity of the corporate and financial information included on the company’s website. Legislation in the United Kingdom governing the preparation and dissemination of financial statements may differ from legislation in other jurisdictions. 16/30
Amnesty International Charity Limited (a company limited by guarantee) AI Index: FIN 40/003/2010 INDEPENDENT AUDITORS’ REPORT TO THE MEMBERS OF AMNESTY INTERNATIONAL CHARITY LIMITED We have audited the financial statements of Amnesty International Charity Limited for the year ended 31 March 2009 which comprise the Statement of Financial Activities, the Balance Sheet, the Cash Flow Statement and the related notes. These financial statements have been prepared under the accounting policies set out therein. Respective responsibilities of trustees and auditors The responsibilities of the trustees (who are also the directors of Amnesty International Charity Limited for the purposes of company law) for preparing the financial statements in accordance with applicable law and United Kingdom Accounting Standards (United Kingdom Generally Accepted Accounting Practice) are set out in the Statement of directors’ responsibilities. Our responsibility is to audit the financial statements in accordance with relevant legal and regulatory requirements and International Standards on Auditing (UK and Ireland). This report, including the opinion, has been prepared for and only for the charitable company’s members as a body in accordance with Section 235 of the Companies Act 1985 and for no other purpose. We do not, in giving this opinion, accept or assume responsibility for any other purpose or to any other person to whom this report is shown or into whose hands it may come save where expressly agreed by our prior consent in writing. We report to you our opinion as to whether the financial statements give a true and fair view and are properly prepared in accordance with the Companies Act 1985. We also report to you whether in our opinion the information given in the Report of the directors is consistent with the financial statements. In addition we report to you if, in our opinion, the charitable company has not kept proper accounting records, if we have not received all the information and explanations we require for our audit, or if information specified by law regarding directors’ remuneration and other transactions is not disclosed. We read the Report of the Directors and consider the implications for our report if we become aware of any apparent misstatements within it. Basis of audit opinion We conducted our audit in accordance with International Standards on Auditing (UK and Ireland) issued by the Auditing Practices Board. An audit includes examination, on a test basis, of evidence relevant to the amounts and disclosures in the financial statements. It also includes an assessment of the significant estimates and judgments made by the trustees in the preparation of the financial statements, and of whether the accounting policies are appropriate to the charitable company’s circumstances, consistently applied and adequately disclosed. We planned and performed our audit so as to obtain all the information and explanations which we considered necessary in order to provide us with sufficient evidence to give reasonable assurance that the financial statements are free from material misstatement, whether caused by fraud or other irregularity or error. In forming our opinion we also evaluated the overall adequacy of the presentation of information in the financial statements. Opinion In our opinion: • the financial statements give a true and fair view, in accordance with United Kingdom Generally Accepted Accounting Practice, of the state of the charitable company’s affairs as at 31 March 2009 and of its net incoming resources for the year then ended; • the financial statements have been properly prepared in accordance with the Companies Act 1985; and • the information given in the Report of the Directors is consistent with the financial statements. Horwath Clark Whitehill LLP Chartered Accountants and Registered Auditors London 17/30
Amnesty International Charity Limited (a company limited by guarantee) AI Index: FIN 40/003/2010 Statement of Financial Activities (Incorporating an Income and Expenditure Account) For the year ended 31 March 2009 Unrestricted Restricted Total Total Funds Funds Funds Funds 2009 2009 2009 2008 Notes £’000 £’000 £’000 £’000 Incoming resources from generated funds Voluntary income 3 19,398 809 20,207 18,832 Investment income 83 - 83 104 Total incoming resources 19,481 809 20,290 18,936 Resources expended Charitable activities 4,5 19,333 683 20,016 17,175 Governance costs 4,5 672 - 672 950 Total resources expended 4 20,005 683 20,688 18,125 Net (outgoing)/incoming resources (524) 126 (398) 811 Fund balances brought forward at 1 April 2008 2,926 20 2,946 2,135 Fund balances carried forward at 31 March 2009 2,402 146 2,548 2,946 All amounts relate to continuing activities. There is no difference between the net incoming resources for the financial year ended 31 March 2009 and the financial year ended 31 March 2008 stated above and their historical cost equivalents. There are no recognised gains and losses in either year other than the net (outgoing)/incoming resources for that year and therefore no separate statement of total recognised gains and losses has been presented. The notes on pages 21 to 30 form part of these financial statements. 18/30
Amnesty International Charity Limited (a company limited by guarantee) AI Index: FIN 40/003/2010 Balance Sheet As at 31 March 2009 Notes 2009 2008 £’000 £’000 Current assets Debtors 9 1,013 6 Investments 10 1,103 2,757 Cash at bank and in hand 445 1,134 2,561 3,897 Creditors: amounts falling due within one year 11 (13) (951) Net current assets, total assets less liabilities and net assets 2,548 2,946 Funds Unrestricted funds 14 2,402 2,926 Restricted funds 12,14 146 20 Total Funds 2,548 2,946 Approved by the board of directors on December 2009 and signed on its behalf by: A Marks Chairperson The notes on pages 21 to 30 form part of these financial statements. 19/30
Amnesty International Charity Limited (a company limited by guarantee) AI Index: FIN 40/003/2010 Cash Flow Statement For the year ended 31 March 2009 Notes 2009 2008 £’000 £’000 Reconciliation of net incoming resources to net cash inflow from operating activities Net (outgoing)/ incoming resources (398) 811 Interest receivable (83) (104) Increase in debtors (1,007) (6) (Decrease)/increase in creditors (938) 931 Net cash (outflow)/inflow from operating activities (2,426) 1,632 Cash flow statement Net cash (outflow)/inflow from operating activities (2,426) 1,632 Returns on investment and servicing of finance Interest received 83 104 Management of liquid resources Sale/(purchase) of short term investments 1,654 (632) Net cash (outflow)/inflow 13 (689) 1,104 The notes on pages 21 to 30 form part of these financial statements. 20/30
Amnesty International Charity Limited (a company limited by guarantee) AI Index: FIN 40/003/2010 Notes to the financial statements for the year ended 31 March 2009 1 Basis of Accounting Basis of preparation The financial statements have been prepared under the historical cost convention and in accordance with the Companies Act 1985, applicable Accounting Standards in the United Kingdom and the Statement of Recommended Practice – “Accounting and Reporting by Charities” (SORP) revised in March 2005. Scope These financial statements only reflect the activities of Amnesty International Charity Limited. They do not include the activities of AIL, or of the Sections of the Amnesty International movement, as these are all separate legal entities that are neither owned nor controlled by the Charity. The principal accounting policies are summarised below. They have all been applied consistently throughout the year and the preceding year. 2 Accounting Policies Incoming resources Donations and gifts Bequests are accounted for when legal entitlement to them first arises and when the amount can be quantified with reasonable certainty. Donations and gifts are accounted for on an accruals basis. Donated services from AIL are included in both incoming resources and resources expended at their fair value to the Charity as estimated by the directors of the Company. Contributions from Sections The Canadian and UK Sections of Amnesty International agree to contribute a share of their income towards the funding of the Charity. This share of income is calculated by the Charity in the year following its receipt by the Canadian and UK Sections. The share of income is payable to the Charity by the Sections in the year after its calculation. The determination of the share is based on a scale of contribution rates (in £ sterling) set at the International Council Meeting (ICM) of Amnesty International. This requires Section income, declared each year in local currency, to be converted into sterling. Each Section's agreed contribution for a year is fixed in their local currencies and is payable quarterly in advance. The income received by the Charity may therefore differ from the sterling amount calculated at the contribution rate. These differences result in gains and losses from foreign exchange rate movements which are taken to the Statement of Financial Activities. 21/30
Amnesty International Charity Limited (a company limited by guarantee) AI Index: FIN 40/003/2010 2 Accounting Policies (continued) Contributions from Sections (continued) From time to time, the Sections make contributions in advance of the due date as the cash flow of the Section permits. Such contributions are treated by the Charity as deferred income and are included in the balance sheet as a liability until released to the Statement of Financial Activities as income in the year to which they relate. Investments Investments which relate to money market deposits are carried at cost. Fund accounting The Charity maintains the following types of fund: • Restricted – where the donor has specified that the donation be used for a particular purpose. • Unrestricted – for use by the directors to further the Charity’s objects. Resources expended Resources expended are accounted for on an accruals basis and are recognised in the period in which they relate, and include attributable VAT which cannot be recovered. Liabilities are recognised as resources expended as soon as there is a legal or constructive obligation committing the Charity to the expenditure. Resources expended are classified over the activity headings shown below. Where expenditure cannot be directly attributed to particular headings (support costs) it is allocated based upon AIL’s expenditure in each category for the year ended 31 March 2009 as a proportion of AIL’s total resources expended. Charitable activities comprise: Research into human rights violations which represents the costs incurred in conducting research to highlight grave abuses of human rights and to demand justice for those whose rights have been violated. Relief work which represents costs incurred in providing relief assistance to prisoners of conscience or victims of other serious human rights violations who have not used or advocated violence Abolition of torture, extrajudicial execution and disappearance which represents costs incurred in campaigning to hold governments accountable for their actions and to uphold international law and the absolute prohibition of torture, extrajudicial execution and disappearance under any circumstances. 22/30
Amnesty International Charity Limited (a company limited by guarantee) AI Index: FIN 40/003/2010 2 Accounting Policies (continued) Governance costs represent costs that relate to the general running of the Charity as opposed to the direct management functions inherent in the activities of the Charity. They provide the governance infrastructure which allows the Charity to operate and to generate the information required for public accountability and include the strategic planning processes that contribute to the future development of the Charity. Irrecoverable VAT Irrecoverable VAT is included in the costs recharged by AIL where it is incurred. Foreign currency Agreed contributions due from Sections are calculated in local currencies. The amount receivable each quarter is translated at the exchange rate ruling on the invoice date. Any loss or gain on exchange arising from differences between this amount and the amount received is disclosed separately within voluntary income. Other transactions denominated in foreign currencies are similarly translated into sterling at the rate of exchange ruling at the transaction date. Debtors and creditors denominated in foreign currencies at the year end are reported at the rates of exchange prevailing at that date. Any consequent gain or loss from exchange rates movements is disclosed within direct charitable expenditure as a net exchange gain or loss. Segmental analysis The Trustees are of the opinion that the Charity has only one class of business namely securing the observance of the provisions of the Universal Declaration of Human Rights and other human rights instruments throughout the world. Further the Trustees are of the opinion that the Charity generates incoming resources from one geographical market which comprises the United Kingdom and Canada. Liquid resources Liquid resources comprise cash held in call deposit accounts. 23/30
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