CHARTER OF THE ASSOCIATION OF HUMAN RIGHTS AND EQUALITY EXPERTS
SECTION ONE
The Name, Acronym, Headquarters of the Association
Article 1 – The Name and Acronym of the Association
The name of the Association shall be the Association of Human Rights and Equality Experts. The acronym of the Association shall be IHUD
Article 2 – The Headquarters of the Association
The headquarters of the Association shall be located in Ankara. The association has no branch office.
Article 3 – The Emblem of the Association
The emblem of the Association shall be determined by the General Assembly.
SECTION TWO
The Objective and Activities of the Association
Article 4 – The Objective of the Association
1) The Association is established on the purpose of:
a) Researching into and protecting the rights and interests of its members in terms of professional, cultural, social, economic and legal aspects, expressing their opinions on these issues and making recommendations to the competent authorities,
b) Carrying out activities to increase the professional knowledge of its members and the solidarity and cooperation among them,
c) Determining the problems related to the working conditions and personal rights of the members and carrying out activities to solve them,
d) Clarifying and increasing the importance of the Human Rights and Equality Experts before the public opinion,
e) Carrying out awareness-raising activities that will contribute to social development in the field of human rights and non-discrimination,
f) Monitoring and evaluating the international developments in the field of human rights and non-discrimination,
g) Conducting and contributing to scientific research on human rights and anti-discrimination and publishing them,
h) Becoming a centre of information and documentation in the field of human rights,
i) Setting up an electronic archive of resources in the field of human rights and non-discrimination and making it accessible to the public,
j) Conducting national or international projects in the field of human rights and non-discrimination participating in projects already carried out,
k) Providing training and consultancy to public institutions and organizations, private legal entities and non-governmental organizations related to the field of activity,
l) Carrying out other activities that may contribute to the protection and promotion of human rights.
Article 5 – The Activities of the Association
1) The Association may engage in the activities listed below in order to achieve its objective.
a) Making attempts to resolve the problems of the members regarding the profession and service arising from public law; ensuring that material and moral rights, powers and responsibilities of the members are regulated in accordance with the principles of modern management and the needs of contemporary life, the benefit of the profession and members
b) Ensuring that the members are informed about the legislation related to the personnel regime and providing legal assistance in this regard; working to resolve the problems arising from personnel law in favour of the members.
c) Organizing meetings, concerts, plays, exhibitions, sports activities, excursions and similar activities in order to develop and maintain social relations among its members, or enabling its members to benefit from such activities.
d) Providing a healthy working environment for achieving the objective, offering all kinds of technical tools and equipment, fixtures and stationery materials.
e) Establishing, operating or having operated economic, commercial and industrial enterprises in order to provide the revenues needed for the fulfilment of the objectives of the Charter.
f) Purchasing, selling, renting, leasing movable and immovable properties and establishing real rights on immovable properties that are needed for the activities of the Association.
g) Establishing, operating or having operated social and cultural facilities in order to ensure solidarity and cooperation among members.
h) Carrying out technical studies on the legislation in the field of human rights and non-discrimination and upon request, providing an opinion to provide opinions to public institutions and organizations.
i) Organizing activities such as conferences, symposiums, panels, seminars, workshops, courses, both for increasing the professional knowledge and skills of the members and raising public awareness in the field of human rights and non-discrimination.
j) Providing all kinds of information, documents and publications in the field of human rights and non-discrimination and establishing a databank.
k) Conducting scientific studies in the field of human rights and non-discrimination and publishing journals, books and bulletins.
l) Contributing to the domestic awareness by translating the foreign language documents published in the field of human rights and non-discrimination into Turkish.
m) Following international developments in the field of activity and providing information to the public about these developments through appropriate tools.
n) In order to realize the objective, carrying out joint activities and projects with public institutions and organizations, without prejudice to the provisions of the Law No. 5072 on Associations and Foundations’ Relations with Public Institutions and Organizations, when deemed necessary.
o) Collaborating with national, international or foreign organizations on a project basis in the field of human rights
p) Becoming a member of foundations such as organizations and unions abroad in line with the objective and activities of the Association and organizing projects, organizations and cooperation with these foundations
q) Conducting charity collection/benefit activities and accepting donations from domestic and foreign donators
r) Carrying out other activities necessary to realize the objective of the Association within the framework of the relevant legislation
(2) The Association shall obtain the permissions stipulated in the relevant legislative provisions while carrying out its activities stated in this article.
SECTION THREE
Provisions Regarding Membership
Article 6 – Eligibility Criteria for Membership
1) Working at the Human Rights and Equality Institution of Turkey as a permanent staff under the cadres (A) or (B) shall be required for membership.
2) Those who transferred to another position within the same institution due to change in position, transferred to the other institutions or retire, while performing the duties of the Expert or Assistant Expert on Human Rights and Equality; shall keep their membership status.
Article 7- Membership Application and Admission
1) Those who would like to become a member and fulfil the criteria under Article 6 of the Charter shall make a written application to the Association.
2) Applications made to the presidency of the Association in a written format, shall be concluded by the Executive Board as admission or rejection of the request in thirty days at the latest and the applicant shall be informed in writing on the decision.
Article 8- Resignation from Membership
Each member has the right to leave the Association, provided that they notify the Executive Board on this situation in writing. As the resignation petition of the member reaches the Executive Board, the resignation process shall be deemed to be completed. Resignation from membership shall not end the member’s accumulated debts to the Association.
Article 9- Termination of Membership
1) The situations that require the termination of membership are:
a)Acting contrary to the Charter of the Association, resolutions of the General Assembly and the Executive Board
b) Constantly avoiding the given duties
c)Despite written warnings, failing to pay the membership fee within six months
d) Acting without authorization and making statements on behalf of the Association
e)Disclosing on behalf of the Association’s legal personality in favour or against a particular political party
f) Obstructing the activities of the Association, to humiliate the Association and its members with his/her words and actions
g) Failing to fulfil membership requirements
(2) In case of detection of one of the situations listed above, the member shall be terminated by the decision of the Executive Board. Those who resigned or are terminated from the Association shall be deleted from the member registry and cannot claim on the assets of the Association.
Article 10- Membership Fee
The one-time entrance fee shall be collected from the members whose applications found admissible. Also, the monthly membership fee shall be collected from the members. The amount of the monthly membership fee and the entrance fee is determined by the General Assembly.
SECTION FOUR
Provisions on the Association Bodies
Article 11 – The Association Bodies
The Association Bodies are:
a) General Assembly
b) Executive Board
c) Supervisory Board[a1]
Article 12 –Procedures of the General Assembly Meetings
1) The General Assembly shall be the Association’s top decision-making body and consists of members registered to the Association.
2) The General Assembly shall ordinarily convene at the time specified in this Charter or it shall extraordinarily convene when deemed necessary by the Executive Board, or the Supervisory Board, within thirty days upon the written request of one-fifth of the members of the Association.
3) The Ordinary General Assembly shall convene once every two years in October, on the day, place and time to be determined by the Executive Board.
4) The General Assembly shall be called to the meeting by the Executive Board. If the Executive Board does not call the General Assembly to a meeting; upon the application of one of the members, judges of the peace shall appoint three members to convene the General Assembly.
5) The Executive Board shall make a list of the members who are eligible to participate in the General Assembly. Members who are eligible to participate in the General Assembly shall be invited to the meeting by being announced at least fifteen days in advance with day, time, place and agenda in a newspaper or Association’s web site or by written or electronic mail or by sending mail to contact number or by using local broadcasting tools. This notice includes the details of a second meeting in case the meeting cannot convene because a quorum of members is not present. The time between the first and second meetings cannot be less than seven or more than sixty days.
6) If the meeting cannot convene for a reason other than the absence of a quorum of members, the members shall be notified regarding the situation by following the above-mentioned notification procedures and providing the reason for postponing the meeting. The second meeting has to convene within six months after the date of postponement. The members are recalled to the second meeting according to the principles stated in the fifth paragraph.
7) A General Assembly meeting cannot be postponed more than once.
8) The General Assembly convenes with the participation of the absolute majority of the members who are eligible to participate in the meeting, and two-third of those members in case of amendment of the Charter or abolition of the Association; and if the meeting is postponed due to lack of majority, the majority is not sought in the second meeting. However, the number of members participating in the second meeting cannot be less than double the cumulative number of members of the Executive Board and the Oversight Committee.
9) The list of members who are eligible to participate in the general meeting shall be available at the meeting place. Issued by the official authorities, identification documents of the members who will enter the meeting place are checked by the members of the Executive Board or the officials assigned by the Executive Board. Members shall enter in the meeting place by signing off their names on the list prepared by the Executive Board.
10) If the quorum is constituted, the situation shall be noted in the minutes and the chairperson of the Executive Board or one of the members appointed by the chairperson shall kick off the meeting. If quorum is not constituted, a minutes shall be arranged by the Executive Board.
11) After the opening ceremony, a chairperson and a relevant number of deputies and a secretary shall be elected to run the meeting, and a council committee shall be formed.
12) Within the context of voting for the election of the organs of the Association, voting members shall be required to show their identities to the council committee and to sign under their names on the list of attendants.
13) The chairperson of the council shall be responsible for the administration of the meeting and the provision of security.
14) Only the items on the agenda shall be discussed in the General Assembly. However, any issues raised by one-tenth of the number of members present at the meeting shall be mandatorily included in the agenda.
15) Each member of the General Assembly shall have a voting right, and the member has to vote personally.
16) The issues discussed and the decisions taken within the context of the meeting shall be written in a minute and signed simultaneously by the chairperson of the council and the secretary. At the end of the meeting, the minutes and other documents shall be delivered to the chairperson of the Executive Board. The chairperson of the Board shall be responsible for protecting these documents and delivering them to the newly elected Executive Board within seven days.
Article 13 – The Forms and Procedures of Voting and Decision-Making at the General Assembly
1) Unless otherwise decided, at the General Assembly voting shall be open ballots. The method of voting in open ballot is determined by the chairperson of the General Assembly.
2) In case of closed voting, closed votes shall be casted on sealed envelopes prepared by the chairperson of the meeting, shall be put in an empty box after the requirement is done by the members, and shall be openly counted after the voting is completed.
3) Decisions of the General Assembly shall be taken by the absolute majority of the members attending the meeting. However, the amendments to the chart and the decision the abolition of the Association can only be made by a two thirds majority of the members present at the meeting.
4) Decisions made with the written participation of all members together and decisions made by all members of the Association come together in a way that does not comply with the calling procedure written in this regulation shall be valid. Taking decisions by this method shall not substitute the regular meeting.
Article 14 – Duties and Powers of the General Assembly
1) The issues to be discussed and resolved by the General Assembly are as follows:
a) Election of the organs of the Association
b) Amendment of the Association’s Charter
c) Discussion of the reports of the Executive Board and Supervisory Board and the discharge of the Executive Board
d) Discussing and accepting the budget prepared by the Executive Board exactly or by changing it,
e) Authorization of the Executive Board on the purchase of real properties required for the Association or the sale of existing real properties,
f) Approval of the instructions to be prepared by the Executive Board regarding the activities of the Association, exactly or by changing,
g) Determination of membership fees,
h) Determining the wages to be paid to the chairperson and members of the Association’s executive and supervisory boards, who are not public officials, and the amount of daily and travel allowances to be given to the members who will be assigned for the services of the Association,
i) Termination of the Association,
j) Establishment of a foundation by the Association,
k) International activities of the Association, joining as a member or leaving from the associations and organizations working abroad,
l) Examining and concluding other suggestions of the Executive Board,
m) Establishment of other bodies or units other than the organs that specified in the Charter, provided that their establishment, duties, powers and responsibilities are clearly stated in the decision taken,
n) Examining the objections made against the decision of the Executive Board regarding dismissal from membership,
o) To fulfil other duties specified in the Charter, by the General Assembly.
2) The general assembly oversees the other bodies of the Association and can always dismiss them for justifiable reasons.
3) General Assembly resolutions shall be announced to members by e-mail.
Article 15 – Formation of the Executive Board and Working Procedure
1) The Executive Board shall consist of five principal and five alternate members elected by the General Assembly.
2) The Executive Board shall determine the chairperson, vice chairperson, general secretary, accountant and member by dividing the task with a decision at the first meeting after the election.
3) The chairperson of the Board is also the chairperson of the Association. The chairperson of the Association shall represent the Association on behalf of the Executive Board, executes the Charter of the Association and organizes the work of the Executive Board. A person can preside up to two times in a row.
4) The vice-chairperson shall perform the duties assigned by the chairperson, exercising the powers of the chairperson, limited to his/her duty in the performance of these tasks. In the absence of the chairperson, vice-chairperson shall perform the duties and use his/her powers.
5) The Secretary-General shall conduct all kinds of registration and writing affairs of the Association. S/he makes preparations for the General Assembly and Executive Board meetings.
6) The accountant shall prepare the budget and final account of the Association, ensure the implementation of the budget, and monitor and maintain the money and property of the Association. S/he organizes and executes the books and records related to these activities
7) The Executive Board can be invited to the meeting at any time by the Chairperson, provided that all members are informed.
8) The Executive Board convenes with the absolute majority of the total number of members. Decisions are taken with the absolute majority of those attending the meeting. However, the quorum is at least three.
9) In case of vacancy due to resignation or other reasons in the main membership of the Executive Board, substitute members shall be invited to the duty according to the majority of votes received in the General Assembly.
10) The member who does not attend three consecutive meetings without any excuse (shall notify the excuse in writing or by e-mail) from the meetings of the Executive Board shall be deemed to have been dismissed. Substitute members, instead of the withdrawn member, shall be invited to the duty in the order of the majority of votes they receive at the General Assembly.
Article 16 – Duties and Powers of the Executive Board
1) The duties and powers of the Executive Board are as follows:
a) In accordance with the law of the Republic of Turkey and the objectives of the Association, carrying out the activities of the Association and taking and implementing all sorts of decisions in this direction
b) Representing the Association or authorizing one or more of the members in this regard
c) Deciding to attend and who will attend to the congresses, conferences, seminars and similar meetings and activities in Turkey and abroad
d) Preparing the working report, income-expenditure account, balance sheet and budget for the next year and present it to the General Assembly
e) Preparing instructions regarding the activities of the Association and submitting them to the General Assembly for approval
f) Implementing the decisions taken at the General Assembly, to report them to the members and relevant places
g) Ensuring the implementation of the budget
h) Providing a healthy working environment in order to carry out the activities of the Association, to provide all kinds of technical tools and equipment, fixtures and stationery materials
i) Accepting donations domestic and foreign donators
j) Suing or applying to administrative authorities to protect the rights and interests of the members
k) Purchasing immovable property, sell movable and immovable property belonging to the Association, to build a structure or facility, make a lease agreement, establish a pledge mortgage or real rights in favour of the Association with authority granted by the General Assembly
l) Borrowing if needed to realize the objective of the Association and to carry out activities of the Association
m) Deciding on recruitment or dismissal from the Association
n) Carrying out other duties and use powers assigned by the legislation
Article 17 – Formation, Duties and Powers of the Supervisory Board
1) The Supervisory Board shall consist of 3 principal and 3 substitute members elected by the General Assembly for two years. In case of vacancy due to resignation or other reasons in the principal membership of the Supervisory Board, substitute members shall be invited to the task in the order of the majority of votes they receive in the General Assembly.
2) The Supervisory Board shall check whether the Association operates in line with the working issues that are stated to be pursued in order to achieve the objectives indicated in the Regulation, whether the books, accounts and records are kept in accordance with the legislation and the Regulation according to the procedures and principles specified in the Regulation and at intervals not exceeding one year. Also, the Supervisory Board submits the inspection results to the Executive Board and when it convenes it to the General Assembly in the form of a report.
3) Upon the request of the members of the Supervisory Board, all kinds of information, documents and records must be shown or given by the Association officials and the request to enter management places, establishments and their annexes must be fulfilled.
SECTION FIVE
Financial Provisions and Internal Auditing
Article 18 – Income Sources of the Association and Bookkeeping Procedures and Principles
1) Income sources of the Association are:
a) Dues to be collected from members
b) Donations and aids made by natural and legal persons to the Association
c) Income from publications and activities organized by the Association
d) Sources from projects and grants
e) Donations and aids to be collected in accordance with the provisions of the legislation on fundraising
f) Income from assets of the Association
g) Borrowings made by the Executive Board in case of need in order to realize the objective of the Association and to carry out its activities
h) Other income
2) The Association shall keep the necessary books within the framework of the relevant legislative provisions.
Article 19 – Borrowing Procedures of the Association
The Association can become indebted in case of need in order to realize the objective of the Association and to carry out its activities with the decision of the Executive Board. This borrowing may be in the purchase of goods and services on credit be done in cash as well. However, this borrowing cannot be made in amounts that cannot be covered by the income sources of the Association and in a nature that would make the Association insolvent.
Article 20 – Internal Auditing
1) In the Association, as an internal audit can be carried out by the General Assembly, Executive Board or Supervisory Board, independent auditing institutions can be audited as well. The fact that an audit has been carried out by the General Assembly, the Executive Board or independent auditing institutions does not eliminate the responsibility of the Supervisory Board.
2) The audit of Association shall be carried out by the Supervisory Board once a year at the latest. The General Assembly or the Executive Board may carry out audits when deemed necessary or may have independent auditing institutions audited.
SECTION SIX
Miscellaneous and Final Provisions
Article 21 – Amendment to the Charter
1) Amending the Charter in the General Assembly shall require a two-thirds majority of the members who have the right to attend the General Assembly. In case of an adjournment due to the absence of a quorum, a quorum shall not be required in the second meeting. However, the number of members who attained the meeting cannot be less than twice the total number of members of the Executive and Supervisory Boards.
2) The quorum for the decision to amend the Charter shall be the two-thirds of the members who attend the meeting and have the right to vote.
3) Amendment to the Charter shall be voted openly in the General Assembly.
Article 22 – Dissolution of the Association and the Procedure for Liquidation of the Assets
1) The General Assembly can always decide to dissolve the Association.
2) To deliberate the subject of dissolution in the General Assembly shall require a two-thirds majority of the members who have the right to vote in the General Assembly. In case of an adjournment due to the absence of a quorum, a quorum is not required in the second meeting. However, the number of members who attained the meeting cannot be less than twice the total number of members of the Executive and Supervisory Boards.
3) The quorum for the decision of dissolution shall be the two-thirds of the members who attend the meeting and have the right to vote. The decision of dissolution shall be voted openly in the General Assembly.
4) In case of a decision of dissolution is made by General Assembly, liquidation of the money, property and rights of the Association shall be conducted by the Liquidation Board that shall be composed of the latest Executive Board members. These procedures shall be initiated from the date that the decision regarding dissolution is made by the General Assembly or the automatic dissolution become definite. The clause “Association of Human Rights and Equality Experts in Liquidation” shall be used in the name of the Association in all operations throughout the process of liquidation.
5) The Liquidation Board shall be entrusted and empowered to complete the procedure of liquidation of the money, property and rights of the Association in accordance with legislation from the beginning to the end of the procedure. This Board shall first examine the accounts of the Association. During the examination, assets and liabilities shall be recorded in a report via determining books, receipts, expenditure documents, title deed registrations and bank records and other documents of the Association. In the course of the liquidation procedures, creditors of the Association shall be invited and after converting into cash, the properties of the Association, if any, shall be paid to the creditors. In the case of the Association is creditor, receivables shall be collected. After the collection of the receivables and the payment of the debts, all the remaining money, property and rights are transferred to the establishment determined in the General Assembly. If an establishment is not determined in the General Assembly, they shall be transferred to the Association that is the closest to the Association’s objective in the city where the Association is located.
6) All the operations relating to the liquidation shall be demonstrated in the liquidation report and liquidation procedures shall be completed within three months except for the additional durations given by the local administrative authorities based on just cause.
7) Following the completion of the procedure of liquidation and transference of the money, property and rights of the Association, the circumstance must be notified by the Liquidation Board to the local administrative authority of the city in which the Association is located with a letter within seven days, and the liquidation report must be attached to this letter.
8) Members of the last Executive Board, in the capacity of the Liquidation Board, shall responsible for keeping the books and documents of the Association for five years. This duty can be conferred to a member of the Executive Board, too.
Article 23 –Gaps
In matters that are not addressed in this Charter, the Law on Associations, the Turkish Civil Code and the Associations Regulation issued in reference to these Laws and the provisions of other relevant legislation on associations shall be applied.
Article 24 – Founding Members
Founding Members of the Association are demonstrated in Appendix-1.
Transitory Article 1 – Transitory Executive Board
1) Transitory Executive Board shall be entrusted and empowered to represent the Association, to carry out the activities and transactions related to the Association and to fulfil the provisions of this Charter until the formation of the Association bodies in the first General Assembly.
2) The members of the Transitory Executive Board who shall represent the Association and carry out the activities and transactions related to the Association until the formation of the Association bodies in the first General Assembly are stated below.
The members of the Transitory Executive Board:
Name and Surname: Position Title:
Mehmet Alp DİDİNMEZ Chairperson
Merve SİSLİ Vice-Chairperson
Mehmet AKTAŞ Secretary-General
Ertuğrul YAZAR Accountant
Habibe KARA Member
Article 25 – Enforcement
The provisions of this Charter shall be executed by the Executive Board of Association of Human Rights and Equality Experts.
This Charter consists of 25 (Twenty-five) articles and 1 (One) transitory article.
APPENDIX 1: Founding Members
APPENDIX 1: Founding Members
| NAME | SURNAME |
1 | BENGÜ MERVE | DERİN TÜRKOĞLU |
2 | ÇİĞDEM | ÇELİK |
3 | ERTUĞRUL | YAZAR |
4 | ESRA | GÖKSOY |
5 | EZGİ | KAŞKAVAL OKYAY |
6 | GİZEM | ÖZDEMİR |
7 | HABİBE | KARA |
8 | HAMZA | AKYÜZ |
9 | MEHMET | AKTAŞ |
10 | MEHMET ALP | DİDİNMEZ |
11 | MERVE | SİSLİ |
12 | NESRİN | ÖZTÜRK |
13 | NURULLAH | ÖZGÜL |
14 | ÖZLEM | DEMİR YAZAR |
15 | SÜMEYYE ZEHRA | GÜLEÇ KAYIŞ |