The Statute of Association
I NAME OF THE ASSOCIATION
Clause 1.
The association of citizens (Association hereinafter) pursues a duty named:
"Udruženje potomaka i poštovalaca žrtava kompleksa ustaških logora JADOVNO 1941." Banja Luka
"Удружењe потомака и поштовалаца жртава комплекса усташких логора ЈАДОВНО 1941." Banja Luka
Association has and can use compendious name:
„Jadovno 1941“ B. Luka or
„Јадовно 1941." Б. Лука.
II ASSOCIATION HEADQUATERS
Clause 2.
The Association headquarters are in Banja Luka.
Current headquarters address is Banja Luka, Kralja Alfonsa XIII, 49 A.
Headquarters address can be changed by the Association president decision.
III THE AREA AND THE WAY OF ACTING
Clause 3.
The association is acting in Republika Srpska territory.
When required, the Association can perform certain activities in Federation of Bosnia and Herzegovina too, without extra administrative conditions needed.
Clause 4.
Except for the headquarters in Banja Luka, the Association can also have regional or local offices.
All the offices have unique program, organization and professional principles of acting.
The Association can have other ways of acting based on territory or program when required (committees for a certain area and likewise).
Special decision is made on organization or other forms of acting.
IV GOALS AND ACTIVITY (MISSION)
Clause 5.
The goals of Association, within the general mission of memory of victims, are:
- to investigate karst barrows the victims of Ustashian madness were thrown into must be, to exhume and bury remains deservingly
- to continued the making-up of victims names register
- to deservingly mark places of sufferings, to open and mark the paths to those places
- to set a date for Memory of victims of Ustashian concentration camps complex Jadovno 1941
- to build a central memorial and to mark the road of sufferings
- to eliminate an imposed silence on crime and the place where it happened
- to educate young population on the example of Jadovno about fascism as an unacceptable ideology of evil, animosity among people and extermination between themselves
Clause 6.
To accomplish these goals the Association can, in accordance with the laws in Republic of Croatia, act and have following activities:
- to support investigation and discovering of crimes committed in the Ustashian camps complex Jadovno in order to inform the world about them and to provide justice for the victims.
- preserving the memory of the innocent victims of fascistic terror.
- to deservingly mark places of sufferings, to criticize barbaric destruction of monuments legacy and tending of piety towards victims
- to start initiatives for judicial medical, forensic, speleological, and likewise investigations which would contribute to humane relation towards innocent sufferers of the Ustashian camp Jadovno in line with civilization achievements
- gathering descendants and admirers of the victims of the Ustashian cam in Jadovno
- organizing visits to the places of tribulations and commemorations for the victims
- collecting and recording of all available printed records, photographs, video materials, electronic records related to the complex of Ustashian torture camps Jadovno
- implementing collaboration with similar associations in the country and abroad, as well as with the individuals who are interested in this or similar topics, in order to exchange information and arrange collaborative activities
- working on collaboration with the institutions in the country and abroad
- organizing discussions, exhibitions, presentations and other similar events for the express purpose of spreading the awareness of the complex of Ustashas' torture camp Jadovno
- activities related to publication, in print or electronic
- promotion of human rights and dignity of a man
- promotion of anti fascist principles and antifascism in a wide sense as a cultural and moral prodigy of human race
- other activities which are directly or indirectly routed for the improvement of Association's mission
Clause 7.
Association’s activities are implemented through concrete projects financed according to Law.
V Admission of new members including their rights, obligations and responsibilities
Clause 8.
All founders of the Association are members of the Association.
New members can join the Association, and the Assembly should make a decision about accepting new members who have to sign a membership card and make a statement of accepting the Statute before the formal affiliation.
The Assembly can make particular member, including persons with foreign citizenship, a honorary member of the Association after their approval.
According to the same conditions, member of the Association can become legal person.
Clause 9.
Membership for citizens is voluntary and free, but it doesn’t exclude afterward membership based on nondiscriminatory grounds.
A member of the Association is free to independently decide to leave the Association.
The Assembly can exclude a member who doesn’t do his/hers obligations foreseen by this Statute, internal acts of the Association or by any other way which demonstrates disloyalty towards the aims of the Association.
Clause 10.
Rights of the Association members are:
1. Equal participation as the other members in achieving the Association aims;
2. Participate in activities of the Association in accordance with their interests and possibilities;
3. Direct participation as a member of the authorities in their work and decision-making;
4. Choose and get chosen to be a member of the Association boards;
5. Get complete and beforehand information about work and activities of the Association and its boards;
6. Has other rights determinate by this Statute or other ordinary acts of the Association.
Clause 11.
1. Actively contributes in achieving the Association aims;
2. Carry out jobs, assignments and activities given by the authorities;
3. Contributes in assertion of activities and actions of the Association;
4. Pays a membership if it is précised by this Statute or ordinary acts of the Association;
5. Keep a business secret according to ordinary acts of the Association;
6. Knows the structure and methods of the Association;
7. Contributes in prevention of negative instances or activities and beforehand point them out if they are in correlation with the Association, members of its authorities or members;
8. Preserve reputation of the Association by his/her behavior;
9. Perform other duties and obligations determined by this Statute and ordinary acts of the Association.
VI THE AUTHORITIES, SELECTION AND WITHDRAWAL, METHODS OF DECISION-MAKING, MANDATE, PROCURATION AND REPRESENTATION
Clause 12.
Obligatory Association organs are the Assembly and a president of the Association.
Facultative organs are Board of directors and Supervisory board.
The Association can have other organs or departments.
1.The Assembly
Clause 13.
The Assembly is the supreme authorities of the Association.
The Assembly is composed of all the founder members or members who were regular members and their membership was approved by the Assembly.
The Assembly regularly meets once a year by the end of April of the current year on the initiative of the Association president.
Exceptional Assembly meeting can be asked in writing by at least two founders.
Clause 14.
The Association Assembly has authority to:
1. Make Statute and other acts specified by this Statute including its changing and amendments.
2. Decide of accept new members of the Association.
3. Give the activity program when necessary,
4. Give approval for legal actions taken in the name of the Association before it becomes a part of the authorities register.
5. Decide about merging, separating, transformation, termination, founding of the higher organization forms in Republika Srpska and broader, as well as other status changes of the Association in accordance with this Statute and Law.
6. Verify the members of the Assembly, chooses and disengages the Assembly president and his deputy.
7. Choose and disengage the president and his deputy, as well as the president and deputy of the other authorities if they had been formed.
8. Check and confirm financial report made by president of the Association.
9. Decide about recognition or pronounce honorable members according to the Statute.
10. Do other authorities defined in certain clauses of this Statute or laws and other regulations.
Clause 15.
The Assembly validly decides if the majority of members is present by the majority of present members votes if it is not differently regulated by this Statute.
Exclusively from decree of the previous paragraph, the Assembly decides by two third of the majority of total number of members about changing the Statute and statuary changes of the Association (ending, merging, separating of the Association).
The Assembly chooses and disengages the president and his deputy of the Assembly based on the Association president proposal.
The Assembly president presides during the meetings of the Assembly and beside these meeting, he doesn’t have any special authorization.
Clause 16.
Between two regular Assembly meetings, the Association president is fully responsible and implements the Assembly decisions.
The Assembly mode is closely regulated by the Operating procedure of the Assembly activities if it had been defined.
Clause 17.
The Association can have a Board of directors, Supervisory board or some other authorities.
The Association president has authorities until these authorities are founded.
2. Board of directors
Clause 18.
Board of directors has authorities to:
1. Carry out politics, conclusions other decisions and acts made by the Assembly;
2. Bring programs and plans of their activities;
3. Make financial plan and being responsible of its executing;
4. Prepare periodical and year financial reports and a report of their activities, and afterwards submit it to the Assembly of the Association in order to be taken into consideration and affirmation, as well as to supervisory board;
5. Organize and conduct program activities, which means it performs the activities and tasks as well as the activities established by the Assembly;
6. Choose or name and disengage representatives of the Association into the authorities, organizations, associations and other forms the Association is member of or joined;
7. Name its supporting authorities (committees, boards and likewise) as well as occasional or permanent ones for the preparation of the acts it decides about, if these issues aren’t in jurisdiction of other authorities which are defined by this Statute;
8. Maintain collaboration with authorities, organizations, bearers of public authorities, legal and natural persons and others who are of interest for the Association;
9. Operate the Association possessions, decides on procurement and sale of assets and equipment of the Association;
10. Perform activities of information on the work of the Association and its organs, in a determined manner (issuing bulletins, etc.).
11. Decide on salaries and benefits for completed tasks, other issues that can not be regulated by the acts passed by the Assembly;
12. Perform other duties arising from this Statute, laws and other regulations.
If this Statute has not established competence of other organs of the Association, for deciding on these issues is competent Board of Directors of the Association, and if not formed, then president of the association.
Clause 19.
Association Board consists of five (5) members who are elected for a period of two years and the expiration can be re-elected.
Between the regular meetings of the Assembly Board of Directors may change two (2) of its members, not counting the resignation or death of members.
Supervisory Board is chaired by the President Board of Directors elected by the Assembly on the proposal of the President of the association.
The President of the association must attend the Supervisory Board, and if necessary, other employees or engaged assistant, depending on the issues which are discussed and decided.
Article 20.
Board prepares plans and development strategies of the association, consider and adopt Rules for the election of members and the work of the Supervisory Committee, consider and approve annual activities and financial report, consider and develop the objectives of the association, protect rights and promote the reputation of the Association.
Board determines the proposed document within the competence of the Assembly, on recommendation of the President of the association.
Article 21.
Board of Directors particularly cooperate and supports the President of the Association in an effort to increase the number of projects and funds of the organization.
Article 22.
Board of Directors shall decide by majority vote of members present, with the majority of members present at the session of the Board of Directors.
Member of the Board of Directors may vote in the absence, and reply to the act which is the subject of debate and decision-making in writing, while his voice is counted in the quorum in the preceding paragraph.
In case of conflict of interest between members of the Board of Directors or relatives of members, including third degree relatives, such member of the Board may not vote on this issue.
Article 23.
Rules on the election of members of the Board of Directors and its work are used to determine all questions of importance for the preparation, mode and making process in the session, closer and more specifically.
Article 24.
3. Supervisory Board
Assembly of the Association elects the Supervisory Board of 3 members, for a period of two years.
Member of the Supervisory Board can not simultaneously be a member of the Board or permanent employee of the Association.
Competence of the Supervisory Board is supervision over the legality and use of dedicated property of the Association (of things, rights and cash) in accordance with the law and this Statute.
4. President of the Association
Article 25.
President of the Association is appointed by the Assembly of the Association.
President of the Association may not be employed in association (voluntary functions).
Article 26.
President of the Association organizes and directs the work of the association, especially: manages Association business, commands in the execution of financial plans, prepares administrative rules and procedures that are required in the process of work, leads Association business and decision-making within the program and development plans of the Association, determines detailed plans and tasks, develops programs, plans and projects, organizes increase funding and resources organization, decides on admission to employment, layoffs, monitors and decides about the duties, responsibilities and rights of employees and engaged associates, including volunteers, prepares and proposes materials necessary for the efficient work of the Association.
President of the Association takes particular care of the implementation of contractual and other commitments of the association and exercising its rights and claims, with care a good host.
Article 27.
In accordance with this Statute and internal documents of the Association, president of the Association is required to, at least, annually submit a report on the work of the Association for approval to the Assembly.
Article 28.
President of the Association represents the Association in legal transactions, without any special restrictions.
President of the Association represents the Association in public and protects its rights and reputation.
Article 29.
If the President of the Association believes that the act of the Assembly or other organs is not lawful, that is not in accordance with the objectives of the Association or is harmful for the Association, he/she chould suspended the execution until the final decision of the competent authority is made.
Article 30.
Regardless of the functional organization of the art. 4. of the Statute, the Association may have a project coordinator for each specific area of activities of the Association or for the implementation of concrete projects.
VII LEGAL STATUS OF THE ASSOCIATION
Article 31.
The Association is a nonprofit, nongovernmental and nonpolitical organization.
The general mission of the Association and the planned statutory activity indicate that the The Association performs in the public interest that transcend the interests of its members for the public interest.
In connection with the above paragraph, after the registration, the Association may acquire the status of the Association of public interest in accordance with the law.
The purpose of the statutory objectives of promoting the Association may perform related (similar) economic activity in accordance with the law, and regardless of economic activity only over the particular legal person, established in accordance with the law.
Article 32.
The association is a legal organization.
The Association in legal transactions acts independently, within its legal capacity, and concludes legal matters, takes action and acts on legal transactions in its name and its account.
Article 33.
The obligations of the legal trade association corresponds to their entire property - complete responsibility.
VIII Seal and Emblem
Article 34.
The Association has a round stamp diameter 40 mm with the text: „The association of descendants and followers of the victims of the Ustashian camp complex JADOVNO 1941 Banja Luka“.
The stamp with a short name can also be used, so that the text reads: "The Association JADOVNO 1941 Banja Luka.
The inscription on the seal or stamp may be on both scripts (Cyrillic and Latin), or only in one letter.
Article 35.
The Association has the emblem.
The emblem of the Association is presented in the following form and content:
The emblem is used on all external acts, including the stamp.
IX COVERAGE
Article 36.
Report on the work is submitted to the Assembly at the regular annual session, on recommendation of the President of the Association.
Report on the work includes a report on the expenditure of funds that were available to the Associations in the past year (the annual financial report).
X ASSETS (ASSETS) AND SUPERVISION
Article 37.
By its nature, property of the Associations can represent things, rights and money.
The bodies, employees and engaged associates are obligated to act with the property of the Association with care of a good host. In the case of conducting economic activities, in accordance with the Law and this Statute, agencies, employees and engaged associates are obliged to act with care of a good businessmen.
Article 38.
The association is funded by donations from legal and natural persons.
Membership in the association may not be conditioned by any kind of donations in cash or in goods. This restriction does not apply to the appropriate fee based on non-discriminatory basis, in accordance with the decisions of the competent authorities of the Association.
Donations can not be used to condition program activities of the Association or activities and content of individual projects.
The Association may make revenues from related and unrelated economic activities, with or without the establishment of a separate legal entity, in accordance with the limitations which are required by the Law, in a way that is not contrary to the idea of non-profitablility of the Association mission.
The financial operations of the Association shall comply with the law and generally accepted accounting standards.
Article 39.
Supervision of funds and assets of the organization is done by the Assembly or the Supervisory Board if formed.
XI EMPLOYEES AND ENGAGED ASSOCIATES
Article 40.
Association may have permanent employees.
Association may have the Secretary, based on the professional work or volunteer basis, depending on available funds.
Employees don't have to be members of the Association.
Employees have obligations, responsibilities and rights in accordance with the law, this Statute and internal documents of the association.
Article 41.
If needed, the association may make a contract for the engagement of staff (lecturers, researchers, analysts, consultants, advisors, etc.) for work in offices or headquarters.
Contributors can only be engaged in certain tasks in order to realize individual projects of the association.
Professional associates don't have to be employees of the Association.
Article 42.
Applied associate doesn't have to be a member of the Association.
Associate may be the person with the corresponding moral and professional authority, and if he/she is engaged for work at the headquarters or offices, he/she must be loyal to the statutory objectives of the Association.
Article 43.
Association may have volunteers who are not employees of the Association and who engage in the realization of the mission and specific goals.
Association may have interns. Trainee may be employed in association, in accordance with the law or be hired as a volunteer.
XII PUBLIC WORK
Article 44.
The work of the association is public, in accordance with this Statute.
Annual reports on the work, including financial statements are available to the public.
The principle of public work subject only to the restrictions which require duty of keeping professional secrets and the principle of privacy, in accordance with the Constitution and the law.
XIII TERMINATION OF WORK AND TRANSFORMATION (STATUS CHANGES)
Article 45.
Decision on termination of work makes Assembly by two-thirds majority of the total number of members.
Association may be terminated by merging with other organizations or associations, separation to the two associations or transformation in other associations, in accordance with the Law.
Association may also be terminated otherwise, in accordance with the Law.
XIV THE FATE OF PROPERTY IN CASE OF TERMINATION OF THE ASSOCIATION
Article 46.
In case of termination of the Association, it's rights, obligations and responsibilities takes its legal successor.
If the Association has no legal successor, the status of property is decided by the Assembly during the decision-making regarding to the termination of work.
In the event of termination, the assets of the Association should be given to another association or organization of the same or similar missions and goals in Republika Srpska.
Upon termination of the Association, property may not be distributed to founders, members, donors or staff employee of the Association.
XV CHANGES OF THE STATUTE AND OTHER ACTS
Article 47.
This Statute may be amended by a two-thirds majority vote of the total number of members of the Assembly.
Article 48.
Association may have other general acts.
Other general acts passed in the association are done by the president of the Association on the proposal of the Executive Director.
General acts, except for the Statute and Rules regarding the work of the Board of Directors may be:
- Organizational structure;
- Strategic plan for the five-year period or longer period;
- Plan of collecting funds;
- Handbook for the staff;
- Assessment of the employees,
- Terms regarding to the systematization of work positions and work admission procedures.
XVI TRANSITIONAL AND FINAL PROVISIONS
Article 49.
This Statute shall be submitted to the registry authority.
Article 50.
Statute shall be published on the bulletin board of the Association, and preferably also in a separate booklet, along with other acts.
Article 51.
This Statute shall become effective upon adoption by the Constitutional Assembly of the the Association by two-thirds majority of the founders of the Association.
Number: 03/2009
Banja Luka, 12 November 2009
The Founding Chairman of the Assembly,
Dr.med.sci. Milan Bastašić
