Based on Article 10. and 12. of the Law on Associations and Foundations (“Official Gazette of Republic of Srpska” no. 52/2001 and 42/2005, hereinafter the Law), at the session held on November 12. 2009, the Founding Assembly of Citizens’ Association named “Association JADOVNO 1941.” Banja Luka brings
THE S T A T U T
“Association of Descendants and Supporters of Victims of Ustasha Concentration camps
JADOVNO 1941.” Banja Luka
I THE NAME OF THE ASSOCIATION
Citizens’ Association (hereinafter the Association) conducts activity under the name:
“Udruženje potomaka i poštovalaca žrtava kompleksa ustaških logora JADOVNO 1941.”
“Udruženje potomaka i poštovalaca žrtava kompleksa ustaških logora JADOVNO 1941.” Banja Luka.
The Association has and can use abbreviated name which reads:
„Jadovno 1941.“ B. Luka or
„Jadovno 1941.” B. Luka
II HEADQUARTERS OF THE ASSOCIATION
The Association headquarters is in Banja Luka. Present address of the headquarters is Banja Luka, Kralja Alfonsa XIII, 49 A.
The headquarters address can be changed by decision of the President of the Association.
III SCOPE AND MANNER OF ACTIVITIES
The Association is acting on the territory of Republic of Srpska. If necessary, the Association may realize certain activities in Federation of Bosnia and Herzegovina also, without additional administrative conditioning.
In addition to its headquarters in Banja Luka the Association may have regional or local offices.
All the offices operate on a unified program, organizational and professional principles.
If necessary, the Association may have other forms of activities on territorial or program basis (committees for a particular area, etc.). Special decision shall be made on the organization of offices or other forms of action.
IV OBJECTIVES AND ACTIVITY (MISSION)
The objectives of the Association, within the overall mission directed to the memory of the victims are:
• that the karst caves in which the victims of the Ustasha madness were thrown, be explored, and the remains exhumed and buried with dignity
• to continue work on the register of names of victims killed
• to worthily mark the places of sufferings, open and mark the paths to these places
• to set a date as the Day of Remembrance for the victims of the Ustashian concentration camp complex Jadovno 1941.
• to build a central memorial and mark the road of sufferers
• to eliminate an imposed silence about the crime and place of its events
• that with educational activities young generations, on the example of Jadovno, learn about the unacceptability of the general ideology of fascism as evil, hatred between people and mutual extermination.
In achieving the above stated objectives, the Association, in accordance with the legal order of Republic of Croatia, may act and take the following actions:
• support research and discovery of crimes committed in the Ustashian camps complex Jadovno in order to inform the world about them and ensure justice for the victims
• keeping the memory of innocent victims of fascist terror
• worthily marking of the places of sufferings, condemnation of barbaric destruction of cultural
heritage and fostering piety towards the victims
• starting initiatives for judicial – medical, forensic, speleological and similar investigations in the function of humane, in accordance with the civilization achievements, the attitude towards the innocent victims of the Ustashian concentration camp complex Jadovno
• gathering of descendants and supporters of the victims of Ustashian camps Jadovno
• organizing visits to the places of suffering and tributes to the victims
• the collection and archiving of all available printed, photo, video and electronic records related to the complex of Ustashian camps Jadovno
• cooperation with similar associations in the country and abroad as well as individuals involved in this and similar issues in order to share the information and organize joint activities
• the realization of cooperation with institutions in the country and abroad
• organization of round tables, exhibitions, presentations and other similar events with the aim of complementing the knowledge related to the complex of Ustashian camps Jadovno
• publishing, printing and electronic activities with the aim to promote the statutory goals of the Association
• reactions, through the media, to the appearances, articles and publications related to the suffering of the victims of fascist terror
• institutional fight against all forms of fascism, nazism, hate, racial and religious intolerance
• promotion of human rights and dignity of a man
• promotion of anti-fascist principles and anti-fascism in the broader sense of civilization and moral heritage of humankind
• other activities directly or indirectly aimed at improving the general mission of the Association.
The Association implements activities trough concrete projects financed in accordance with the Law.
V ADMISSION OF MEMBERS INCLUDING THEIR RIGHTS, OBLIGATIONS AND
All founders of the Association are members of the Association.
New members can join the Association, the Assembly decides on the admission of new members who prior to formal admission must sign the membership card and make a declaration that they accept the Statute. The Assembly may declare certain persons, including non-citizens, honorary member of the Association, with their consent. Under the same condition legal entity can become a member of the Association.
Access of citizens to the Association is voluntary and free, which does not preclude subsequent membership fee on a nondiscriminatory basis. Member of the Association freely and independently shall decide to leave the Association.
The Assembly may exclude a member who does not fulfill the obligations stipulated by this Statute, internal acts of the Association or in any way demonstrates disloyalty towards the statutory objectives of the Association.
The rights of members of the Association are to:
1. Participate equally with other members to achieve the goals of the Association;
2. Participate in the activities of the Association in accordance with their interests and capabilities;
3. Directly participate in the work and decision-making in bodies of which they are members;
4. Elect and be elected to body of the Association;
5. Be fully and timely informed about the work and activities of the Association and its bodies;
6. Have other rights stipulated by this Statute and other general acts of the Association.
The obligations of members of the Association are to:
1. Actively contribute in achieving the objectives of the Association;
2. Perform duties, tasks and activities assigned by the competent authorities;
3. Work on the promotion of the activities and actions of the Association;
4. Pay the membership fee, if it is determined by this Constitution or general acts of the Association;
5. Keep a business secret in accordance with the general act of the Association;
6. Know the structure and manner of action of the Association;
7. Contribute to the prevention of negative phenomena or activities and promptly indicate to the same, if it relates to the Association, members of its bodies and members;
8. Preserve the reputation of the Association by its behavior;
9. Fulfill other duties and obligations stipulated by this Statute and general acts of the Association.
VI BODIES, ELECTION AND WITHDRAWAL, MANNER OF DECISION MAKING, MANDATE,
REPRESENTATION AND PRESENTATION
Mandatory bodies of the Association are Assembly and President of the Association. Facultative bodies are Governing Board and Supervisory Board. The Association may have other bodies or authorities.
1. The Assembly
The Assembly is the supreme body of the Association. The Assembly consists of all members who are founders of the Association or later joined the Association as regular members, and their membership is approved by the Assembly. The Assembly meets regularly once a year, usually by the end of April of current year, at the initiative of the President of the Association.
Extraordinary meeting of the Assembly may be requested in writing by at least two founders and the President.
The Assembly of the Association has the authority to:
1. Pass the Statute of the Association and other documents specified by this Statute, as well as their amendments thereto.
2. Decide on the admission of new members of the Association.
3. Develop a program of work, if necessary.
4. Give consent to legal actions taken on behalf of the Association prior to its entry in register of the competent authority.
5. Decide on the annexation, separation, transformation, termination, establishing higher forms of organization in Republic of Srpska and elsewhere as well as other status changes of the Association, in accordance with this Statute and the law.
6. Verify the members of the Assembly, and appoint and dismiss the President and Vice President of the Assembly.
7. Elect and dismiss the President and Vice President as well as President and Vice President of other bodies, if they are formed.
8. Review and confirm financial statement prepared by the President of the Association.
9. Decide to grant recognition or proclamation of honorary members, in accordance with this Statute.
10. Perform other authorities established in some of the provisions of this Statute or determined by the law and other regulations.
The Assembly validly decides if the majority of members are present, and it decides by majority of votes of members present, unless otherwise specified by this Statute. Notwithstanding the decree of the previous Paragraph the Assembly decides by a two thirds majority of all members of changes in the Statute and statutory changes of the Association (termination, annexation, merger, separation of the Association). The Assembly elects and dismisses the President and Vice President of the Assembly on the recommendation of the President of the Association. The President of the Assembly shall chair the sessions of the Assembly and only on that basis does not have special powers between sessions of the Assembly.
Between two regular sessions of the Assembly the President of the Association shall bear all responsibility and implement the decisions of the Assembly. The manner of work of the Assembly is more closely regulated by the Rules of Procedure of the Assembly, if it was passed.
The Association may have a Board of Directors, Supervisory Board or other authority or body. Pending the establishment of the authorities from the preceding Paragraph their responsibilities has the President of the Association.
2. Board of Directors
The Board of Directors has the authority to:
1. Implement policies, conclusions and other decisions and acts adopted by the Assembly;
2. Bring programs and plans of their activities;
3. Bring the financial plan and is responsible for its execution;
4. Prepare of interim and annual financial statements and the report on its work and submit them to the Assembly of the Association for consideration and confirmation as well as to the competent authorities;
5. Organize and implement program activities, or perform activities and tasks, as well as the activities established by the Assembly;
6. Elect or appoint and dismiss the representatives of the Associations in bodies, organizations, associations and other forms in which the Association is a member or has joined into;
7. Nominate its subsidiary bodies (commissions, committees, etc.), as temporary or permanent, and to prepare legislation to be decided on if these issues are not the responsibility of other
bodies established by this Statute;
8. Maintain cooperation with agencies, organizations, holders of public powers, legal and natural persons and others of interest to the Association;
9. Manage the property of the Association, shall decide on the acquisition and sale of assets and equipment of the Association;
10. Perform affaires of informing on work of the Association and its bodies, in a determined manner (issuing newsletters, etc.).
11. Decide on salaries and compensation for work performed, other matters that are not regulated by acts passed by the Assembly.
12. Perform other duties arising from this Statute, laws and other regulations. If this Statute did not determine the authority of other bodies of the Association, to decide on these matters the Board of Directors is in charge, and if it is not formed, then the President of the Association.
The Board of Directors of the Association consists of 5 (five) members who are elected for a term of two years and at the end may be re – elected. Between the regular meetings of the Assembly the Board of Directors may change up to 2 (two) of its members, not counting the resignation or death of a member. Sessions of the Board of Directors are managed by the President of the Board of Directors elected by the Assembly on the recommendation of the President of the Association. Sessions of the Board of Directors must be attended by the President of the Association, and if necessary, other employee or hired assistant, depending on the issues to be discussed and decided on.
The Board of Directors prepares plans and strategies of development of the Associations, considers and adopts the Rules on election of members and the work of the Board of Directors, considers and approves the annual activities and financial report, discusses and promotes the objectives of the Association, protects the rights and promotes the reputation of the Association.
The Board of Directors stipulates the draft documents under the jurisdiction of the Assembly, on the recommendation of the President of the Association.
The Board of Directors collaborates and supports in particular the President of the Association in an effort to increase the number of projects and funding of the organization.
The Board of Directors decides by majority of votes of members present, provided that the session is attended by most members of the Board of Directors. A member of the Board of Directors may vote absentee in writing declaring on the act that is the subject of discussion and decision – making, while his voice is counted in a quorum from the preceding Paragraph.
In the event of conflict of interest with the Association between a member of the Board of Directors or a relative of member by including the third degree of consanguinity, the concerned member of the Board of Directors can not vote on the matter.
By the Rules on the election and work of the Board of Directors closer and more specifically are determined all the issues relevant to the preparation, operation and decision making at the session.
3. Supervisory Board
The 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 of Directors or permanently employed in the Association. Jurisdiction of the Supervisory Board is the oversight of legality, and purposeful use of the property of the Association (assets, rights and funds) in accordance with the law and this Statute.
4. President of the Association
The President of the Association is appointed by the Assembly of the Association. The President of the Association does not have to be employed in the Association (voluntary functions).
The President of the Association organizes and directs the work of the Association, in particular: manages the business of the Association, orders in the execution of the financial plan, prepares administrative rules and procedures that are required in the work process, conducts the business of the Association and makes decisions within the program and plans for development of the Association, determines performance plans and tasks, develops programs, plans and projects, organizes increase of funds and means of organization, decides on the employment, dismissal of employees, oversees and decides on the obligations, responsibilities and rights of employees and contracted employees, including volunteers, prepares and recommends materials needed for the efficient work of bodies of the Association.
The President of the Association particularly cares for the fulfillment of contractual and other taken obligations of the Association, as well as exercising of its rights and claims, with diligence of a good host.
In accordance with this Statute and internal regulations of the Association the President of the Association is required at least annually to submit a report on the work of the Association to the Assembly for approval.
The President of the Association represents the Association in legal matters, without any special restrictions.
The President of the Association represents the Association in public and protects its rights and reputation.
If the President of the Association believes that the specific act of the Assembly or other authority is not legitimate, that is inconsistent with the objectives of the Association or is detrimental to the Association, it shall suspend the execution of it until a final decision of a competent authority.
Regardless of the functional organization from Article 4. of this Statute the Association may have a project coordinator for each specific area of activities of the Association or for the implementation of a specific project.
VII LEGAL STATUS OF THE ASSOCIATION
The Association is a non – profit, non – governmental and non – political organization. General mission of the Association as well as planned statutory activity suggests that the Association performs activities of public interest that transcend the interests of its members and in the public interest. In connection with the provision of the preceding paragraph the Association after the registration may acquire the status of association of public interest in accordance with the law. In order to promote the statutory goals the Association may perform connected (related) economic activity in accordance with the law, and unrelated business activity only through separately established legal entity, in accordance with the law.
The Association has the property of legal entity. The Association in legal transactions acts independently, within its legal ability, and concludes legal affairs, takes actions and act in legal transactions on its behalf and on its account.
For liability in legal transactions the Association is liable with its entire assets – total responsibility.
VIII SEAL AND EMBLEM
The Association has a round seal 40 mm in diameter with the text: “Association of Descendants and Supporters of Victims of Ustasha Concentration camps JADOVNO 1941. Banja Luka ”
A stamp with the short name can be used, so that the text reads: “The Association Jadovno 1941. Banja Luka.”
The inscription on the seal or stamp can be in both alphabets (Cyrillic and Latin), or only in one letter.
The Association has an emblem. The emblem of the Association is presented in the following form and content:
The emblem is used on all external documents, including the stamp.
The Report on the work shall be submitted to the Association on its regular annual session, on the recommendation of the President of the Association. The Report on the work also includes the report on expenditure of funds that were available to the Association during the past year (the annual financial report).
X PROPERTY (ASSETS) AND SUPERVISION
By its nature, property of the Association can represent assets, rights and money. Authorities, employees and engaged associates are obliged to proceed with the property of the Association with diligence of a good host. In the case of performing economic activities, in accordance with the Law and this Statute, authorities, employees and engaged associates are obliged to proceed with diligence of a good businessman.
The Association is financed by donations of legal and natural persons. Membership in the Association can not be conditioned upon any type of contributions in cash or in goods. This restriction does not apply to the appropriate fee on a non – discriminatory basis, in accordance with the decisions of the competent authorities of the Association. Donations can not condition program activity of the Association, or the content of activities in individual projects.
The Association may derive revenue from related and unrelated business activities, with or without establishing separate legal entity, in accordance with the restrictions required by the Law, in a manner that is not contrary to the idea of non – profitability of mission of the organization. In financial operations the Association shall comply with the law and generally accepted accounting standards.
Supervision of the funds and property of the organization is performed by the Assembly or
Supervisory Board if established.
XI EMPLOYEES AND ENGAGED ASSOCIATES
The Association may have permanent employees. The Association may have a secretary, for professional work or volunteer basis, depending on available resources. Employees may not be members of the Association. Employees have duties, responsibilities and rights in accordance with the law, this Statute and internal regulations of the Association.
If necessary, the Association may conclude a contract on engaging personnel (lecturers, researchers, analysts, consultants, advisors, etc.) to work in the headquarters or offices.
Associates may be hired only for certain jobs for the implementation of individual projects of the Association. Professional associates do not have to be employees of the Association.
Engaged associate does not have to be a member of the Association. Associate may be a person with appropriate expertise and moral authority, and if engaged to work at the headquarters or offices it must be loyal to the statutory objectives of the Association.
The Association may have volunteers who are engaged in the implementation of its mission and specific objectives, who are not employed at the Association. The Association may have interns. Intern may be employed in the Association, in accordance with the law or be engaged as a volunteer.
XII WORK TRANSPARENCY
The work of the Association is public, in accordance with this Statute. Annual reports on the work, including financial statements are available to public. The principle of work transparency is subjected only to the restrictions required only by the duty of professional secrecy and the principle of protection of privacy in accordance with the constitution and law.
XIII TERMINATION OF WORK AND TRANSFORMATIONS (STATUS CHANGE)
The decision on termination of work is passed by the Assembly by a two thirds majority of all members. The Association may be terminated by merging with another organization or association, by separation on two associations or by transformation into another association, in accordance with the Law. The Association may be terminated otherwise as stipulated by the Law.
XIV THE FATE OF PROPERTY IN THE EVENT OF TERMINATION OF THE ASSOCIATION
In the event of termination of the Association its rights, obligations and responsibilities are taken by its legal successor. If the Association has no legal successor the Assembly shall decide on the status of the property when passing decision on termination of work. In the event of termination, the assets of the Association shall be awarded to other association or organization of the same or similar mission and goals in Republic of Srpska. Upon termination of the Association the assets can not be distributed to the founders, members, donors and employees of the Association.
XV CHANGES OF THE STATUTE AND OTHER GENERAL ACTS
This Statute may be amended by two thirds majority vote of the total number of members of the Assembly.
The Association may have other general acts. Other general acts in the Association are passed by the President of the Association on a proposal of the Executive Director. General acts, except the Statute and Rules of Procedure of the Board of Directors, may be:
• Organizational Structure;
• Strategic Plan for the five – year period or longer period;
• Fundraising plan;
• Handbook for personnel;
• Assessment of the employees;
• Regulation on job classification and procedure of admission to work.
XVI TRANSITIONAL AND FINAL PROVISIONS
This Statute shall be submitted to registration authority.
The Statute will be posted on the bulletin board of the Association, and preferably in a separate brochure, along with other acts.
This Statute shall enter into force upon adoption at the founding Assembly of the Association by two thirds majority of the founders.
Banja Luka, November 12, 2009.
Chairman of the Founding Assembly,
Dr.med. sci. Milan Bastašić