The Statute of The Association

The Statute of The Association

Name and Headquarters of the Association

 

Article 1: The association's name is "May 17 Association” and its headquarters is located in Ankara.

Article 2: The purpose of the association is to contribute to the construction of an equal and free society  by conducting scientific, cultural, social, artistic and educational activities to combat all kinds of  discrimination at the individual or social level in the field of sexual orientation, gender identity,  sexual expression and sexual characteristic based discrimination; as well as by carrying out  social services, advocacy, awareness building, human rights monitoring, documentation and  reporting activities.

Activities of the Association

Article 3 - The Association carries out its activities on the occasion of May 17, International Day against Homophobia and Transphobia, which is the day of action and standing against all kinds of physical, moral or symbolic violence regarding sexual orientation and gender identity within the scope of the Media Communications Program, the Academic and Cultural Studies Program, the Human Rights  Program, and other needed programs.

Within the scope of these and future programs, it carries out culture, arts, education and awareness activities by working in all areas of life, especially education, health, work-life and employment, media-communication, human rights and social services. The association supports academic studies in the field of sexual orientation,  gender identity, sexual identity, sexual expression and sexual characteristics, as well as academicians who want to work in these fields. Contributes to and publishes academic publications. Carries out academic studies. Performs archive and documentation studies in the field of sexual orientation and gender identity. Organizes and participates in the organization of scientific meetings, panels,  seminars, conferences, symposiums, congresses, workshops, exhibitions, kermesses, festivals,  plays, concerts, screenings, competitions. Organizes educational courses as the laws of the Republic of Turkey allow. Establishes educational institutes and schools.

Conducts monitoring, documentation and reporting activities on the sexual orientation, gender identity and sexual identity based human rights of individuals. Carries out the Refugee Support program as a sub-program under the Human Rights Program. Within the scope of the program, it provides social and legal assistance, social services and social aid to refugee LGBTI's (Lesbian, gay, bisexual, trans and intersex). Organizes Human Rights workshops for psychological counselors and advisors, social service professionals, teachers, psychologists and psychiatrists, lawyers  and other professionals and social groups. provides legal support to victims, utilizes strategic litigation, supports application processes to the human rights and ethical mechanisms. Conducts strategic litigations in the field of LGBTI and runs human rights campaigns. Organizes psycho-support activities and services for victims. Supports publications in the field of sexual orientation and gender identity. Organizes and supports Media-Monitoring Studies. Conducts monitoring activities and publishes reports to disclose and transform the homophobic and transphobic discriminatory language of mainstream media. Conducts volunteer reporter training and human rights workshops for media professionals. Carries out LGBTI media activities and supports such activities.

Conducts advocacy activities against sexual orientation and gender identity discrimination by establishing regular and direct links with the government and other public authorities. Carries out activities to enable participation in policy-making and law-making processes. It works to activate civic participation in administrative decision-making,  monitoring, and supervision of implementation processes and in developing cooperation with local administrations. Works to enable access to local and international legal mechanisms in the field of sexual orientation and gender identity discrimination.

Supports the activities of non-governmental organizations against sexual orientation and gender identity discrimination, and carries out capacity building activities to improve the sensitivity of non-governmental organizations to homophobic and transphobic discrimination.

Carries out support activities that strengthen the capacity of advocacy and undertaking active roles of non-governmental organizations and organized civil society groups working in the field of sexual orientation and gender identity for the protection and promotion of human rights.

Develops the experience and knowledge sharing and solidarity environments for non-governmental organizations operating in the field of sexual orientation and gender identity.

If the laws and associated regulations of the Republic of Turkey allows, the association establishes and runs courses, dormitories and educational institutions on all levels in order to address the educational needs of the individuals who have been discriminated against due to their sexual orientation and gender identity.

In order to generate income for the association and/or to meet the social needs of its  members and supporters and to increase the communication and solidarity between them, it establishes and operates venues, recreational facilities, screening halls and libraries. Organizes proms, banquets, concerts, picnics, kermesses, camps, parties, trips, etc. in order to provide income to the association or to develop social relations and communication between members. It encourages the private sector to do social entrepreneurship projects and takes part in projects.

Conducts joint activities with other associations, trade unions, foundations, individuals,  institutions and similar organizations in accordance with the related legislation to  actualize its purposes and fields of activity.

Becomes member of national and international organizations, federations and platforms.

Necessary permissions are obtained from the relevant institutions in the procedures regarding refugees.

WORKS AND TRANSACTIONS THE ASSOCIATION MAY CARRY OUT TO ACTUALIZE ITS OBJECTIVES:

Article 4:In order to reach its objectives, as specified in Article 48 of the Turkish Civil Code, outside legal restraints, our association is permitted and authorized to own and use movable and immovable properties whose quantity and value have not been restricted, in addition to donations, bequest, sale and lease, and financial leasing of all types of transportation and vehicles; to sell, recirculate and assign, take and spend the revenues of everything they own in accordance with laws related to associations; to use one or several unmovable properties that are included in the association assets or to use the revenues to make one or multiple investments; to appraise and sell, according to the association’s goals, all donations and bequests, to manage and own moveable and unmovable properties that have been bought or appropriated through other means and the funds, to use them to procure stocks, providing that it is not contrary to the association objectives and service matters; to collaborate with domestic, and provided permissions are obtained, with associations abroad that carry out similar activities to those of our association’s objectives, and natural or legal persons; to receive aid outside public institutions and establishments, to arrange agreements in order to provide this aid, to accept the limited rights in rem of access, tenancy, residence, major, pledge, mortgage of immovable properties; to secure in all ways the pledge and mortgage of moveable and unmovable properties for agreements to be made with the existing or future revenues; to open and close all types of bank accounts, to accept the valid bank warranty, and when needed, to take loans, warrants, pledges, mortgages and offer other assurances in order to actualize the association objectives and service matter; to obtain funds from projects and any activities that are or will be conducted in accordance with the association objectives and service matters, and to create commercial enterprises and partnerships that operate according to the ordinary operation principles, to associate with established ones, to directly operate them or to have it operated by a manager under supervision, with the purpose to bring in revenues to the association; to draw up profitable and necessary agreements such as initiatives, savings, acquire properties, construction, in order to realize one or all of the association objectives and service matters.

Conducts research, analysis, development, studies and studies through its members or experts in order to realize its objectives, determine suggestions and wishes; and publishes them with all kinds of publishing means.

In order to provide the income needed by the association to achieve its objectives; establishes economic, commercial and industrial enterprises, partnerships, associations and funds.

Accepts and donates aid and donations in accordance with the Law on Aid Collection of Turkey and related secondary legislation to actualize its purposes and fields of activity;  accepts conditional or unconditional wills.

The Association cannot use these powers and revenues for purposes prohibited by the Turkish Civil Code.

The association can be the founder of a legal entity in order to achieve the purposes stated in this statute.

Article 5: The Association carries out the following activities for its members and the public in line with the  purposes specified in this Statute

  1. a) Carries out all kinds of social, cultural, artistic, scientific activities necessary to actualize the purposes of the association.
  2. b) Informs the public about the aims and/or works of the association through the media and announces the views of the association to the public.
  3. c) Organizes and takes part in organizing scientific meetings, panels, seminars, conferences, symposiums, exhibitions, festivals, plays, screenings, meetings, congresses, workshops, and competitions. Holds educational activities.
  4. d) Publishes magazines, bulletins, vcds, web pages, brochures, books, etc. publications.
  5. e) Conducts educational activities, establishes institutes, schools, courses within the scope of the field of activity, establishes and operates educational institutions, institutes, schools, courses and dormitories at all levels to meet the educational needs of the members and individuals, if the laws of the Republic of Turkey, or secondary legislation related to them allows it.
  6. f) In order to generate income for the association and/or to meet the social needs of its members and supporters and to increase the communication and solidarity between them, it establishes and operates venues, recreational facilities, screening halls and libraries.
  7. g) Organizes proms, banquets, concerts, picnics, trips, etc. in order to provide income to the association or to develop social relations and communication between members.
  8. h) In order to achieve its goals, it conducts research, analysis, development, studies, and surveys through its members or by experts, identifies suggestions and wishes, and publishes them with all kinds of publishing tools.
  9. i) Buys, sells, and leases movable and immovable property necessary for its residence, purpose, and fields of activity. It imposes all kinds of rights on movable and immovable properties, operates and builds all kinds of constructions.
  10. j) In order to provide the revenues needed by the association to achieve its objectives; establishes economic, commercial and industrial businesses, partnerships, foundations, and funds.
  11. k) Accepts and donates aid and donations in accordance with the Law on Aid Collection of Turkey and related secondary legislation to actualize its purposes and fields of activity; accepts conditional or unconditional wills and provides in-kind and in-cash assistance to  LGBTI's in Turkey.
  12. l) Conducts joint activities with other associations, trade unions, foundations, individuals, institutions and similar organizations in accordance with the related legislation to actualize its purposes and fields of activity.
  13. m) Represents the gay and lesbian community in the committees to be established with the Ministry of Health and/or institutions and organizations working in the fields of sexual health and mental health and/or ensures that their members are assigned.
  14. n) Monitors the current situation and functioning in the fields such as family, education, academia, law, working life, media-communication, military service, prison, sexual health, mental health, etc., conducts studies and developing suggestions for the social, cultural and economic rights of homosexuals, establishes commissions to achieve the association's objectives on supporting and publishing legal and scientific studies, etc.
  15. o) Establishes international work and coordination commissions to work towards the establishment of regional and global partnerships among the world's homosexuals.
  16. p) Provides legal, social and psychological counsel to LGBTI refugees in Turkey who are allowed to reside in Turkey until they are placed in the third country and provide in-kind and in-cash assistance.
  17. r) Where it sees is beneficial to cooperate, becomes a member of associations working in international cultural, academic and/or gay-lesbian rights, by fulfilling the relevant legal requirements, to carry out joint activities for solidarity in material and moral terms,

Right to Membership and Membership Process

Article 6: Any natural or legal person who have the opportunity to enjoy civil rights and who accepts the aims and principles of the association and accepts to work in this direction and who has the conditions stipulated by the legislation and has the references of two members has the right to become a member of this association. However, foreigners must have right to residency in Turkey. This condition does not apply to honorary membership.

The membership application to be made in writing to the chairpersonship of the association is approved or declined by the Executive Board of the association within thirty days at most, and the result is reported to the applicant in writing. The member whose application is accepted is recorded in the books kept for this purpose.

The full members of the association are the founders of the association and those who are accepted as members by the executive board upon their application.

Those who have provided significant financial and moral support to the association can be accepted as honorary members by the executive board.

Resignation from Membership

Article 7 - Each member has the right to leave the association, provided that they inform the association in writing.

As soon as the resignation petition of the member reaches the executive board, the resignation procedures are deemed to have been completed. Resigning from membership does not end the accumulated debts of the member to the association.

Dismissal from Membership

Article 8 - Conditions requiring dismissal from association membership.

1-To act contrary to the statute of the association,

2-Avoiding the assigned duties,

3-Failure to pay the membership fees within six months despite written warnings,

4-Failing to comply with the decisions made by the association's bodies.

5-Having lost the conditions for membership,

6-To have sexist and homophobic attitudes and practices, to commit hate and discrimination crimes; to commit violence, harassment and similar acts that shows inconsistency with the aims and principles of the association

7-To put the association under obligation without obtaining authorization from the association,

8-To develop aggressive and insulting attitudes and behaviors against other members of the association.

In case of any signs of the above-mentioned situations, the person is dismissed by the decision of the executive board.

Those who resigned or dismissed from the association are deleted from the member registry and cannot claim rights on the assets of the association.

Organs of the Association

 

Article 9 - Organs of the association are listed below:

1- General Assembly

2- Executive Board

3- Supervisory Board

Form and Dates of General Assembly Meetings

Article 10 - General assembly is the most authorized decision-making body of the association; consists of members registered in the association. General Assembly convenes;

1- Ordinarily at the dates specified in this statute,

2- Extraordinarily in cases deemed necessary by the executive or supervisory board, or upon the written application of one fifth of the members of the association, after a call to convene issued by the executive board.

Ordinary general assembly convenes every 2 years, in February, on the day, place and time to be determined by the executive board.

Call to General Assembly

Article 11 -  The executive board prepares the list of members that are entitled to attend to the general assembly according to the association statute. Members entitled to attend the general assembly are called to the meeting at least fifteen days in advance, with the day, time, place and agenda of the  meeting in at least one newspaper or on the website of the association, notifying in  writing, sending a message to the e-mail address or contact number of the member that  they have stated or by using the local media means. In this call, the day, time, and place of the  second meeting, that would be held if the first meeting cannot be held due to the lack of  majority, are also stated. The period between the first meeting and the second meeting cannot be less than seven days and more than sixty days.

If the meeting is adjourned for any reason other than lack of majority, this situation is announced to the members in accordance with the procedure of the first meeting, stating the reasons for the adjournment. The second meeting must be held within six months at the latest from the adjournment date. The members are invited to the second meeting according to the principles stated in the first paragraph.

The general assembly meeting cannot be postponed more than once.

General Assembly Meeting

Article 12 - The general assembly convenes with the participation of the absolute majority of the members who have the right to participate, and with the participation of two thirds for a change in the statute and for the dissolution of the association; if the meeting has been postponed due to lack of majority, majority is not sought in the second meeting. However, the number of members attending this meeting cannot be less than twice the total number of members of the executive and supervisory boards.

The list of members entitled to attend the general assembly is kept available at the meeting place. Identity documents issued by official authorities of the members who will enter the meeting venue are checked by the members of the executive board or the officials assigned by the executive board. The members enter the meeting place by signing their names in the list prepared by the executive board.

If the quorum for the meeting is met, then it is recorded by a report and the meeting is opened by the chairperson of the executive board or one of the appointed board members. If the meeting quorum cannot be achieved, a minute is prepared by the executive board.

After the meeting is opened, a council committee is formed by electing a chairperson and a sufficient number of vice-chairpersons and clerks to manage the meeting.

In voting for the election of the organs of the association, the voting members must show their identity cards to the council committee and sign their names on the list of attendees.

The responsibility for the management and security of the meeting belongs to the chairperson of the council.

Only the items on the agenda are to be discussed in the general assembly. However, it is obligatory to include the issues requested in writing by one-tenth of the members present at the meeting.

Each member has one vote in the general assembly; the member must use the vote personally. Honorary members may attend general meetings but can not vote. If a legal person is a member, the chairperson of the executive board of the legal person or the person appointed by legal person uses the vote.

The topics discussed and the decisions taken at the meeting are written in a minute and signed together by the chairperson of the council and the clerks. At the end of the meeting, the minutes and other documents are delivered to the chairperson of the executive board. The chairperson of the board is responsible for protecting these documents and submitting them to the newly elected executive board within seven days.

Decisions Taken without Meeting or Call

Article 13 - Decisions taken with the written participation of all members without coming together and decisions taken by the meeting of all members of the association without complying with the call procedure written in this regulation are both valid decisions. Making decisions in this way does not replace the ordinary meetings.

Duties and Powers of General Assembly

Article 14 -

1- To elect association organs,

2- To make changes to the association’s statute,

3- To examine the reports of the Executive Board and the  Supervisory Board, to decide  whether the Executive Board should be acquitted or not,

4-  To examine the budget prepared by the Executive Board, accepting it as is or  by amending it,

5- To authorize the Executive Board to purchase the necessary immovable assets for the  association or to sell the existing immovables,

6- Examining the regulations prepared by the executive board regarding the activities of the association and approving them as is or by amending them,

7-  Determining the wages and all kinds of allowances, travel expenses and compensations to be paid to the chairperson and members of the executive and supervisory boards of the association who are not public officials, and the daily and travel allowances to be allocated to the members who will be assigned for the services of the association,

8- Deciding whether the association will join a federation or leave one,

9- Association's international activities, joining or leaving associations and organizations abroad,

10- Dissolving the association,

11- Examining and resolving other suggestions of the Executive Board,

12- Deciding whether to found another legal entity, based on the authority given in Article 4 of the statute,

13- Fulfillment of other duties of the general assembly which are specified in the legislation,

The General Assembly, supervises the other organs of the association and can always dismiss them with valid reasons.

The General Assembly makes the final decision on admission and removal from membership. As the most authoritative body of the association, it carries out proceedings not assigned to another body of the association and uses unassigned powers.

Formation of the Executive Board

Article 15- The executive board is elected by the general assembly as five full and five substitute members. In its first meeting after the election, the executive board determines the chairman, vice chairman, secretary, accountant and member by distributing the duties with a resolution.

If there is a vacancy due to resignation or other reasons in the full membership of the executive board, it is obligatory to call the substitute members for duty according to the order of received votes in the general assembly.

Duties and Powers of the Executive Board

 

Article 16-  The Executive Board carries out following items.

1- To represent the Association, to transfer this authority to any of the members for specific  issues as needed,

2- Carrying out transactions regarding income and expense accounts and preparing the budget for the next period and submitting it to the general assembly,

3- Preparing regulations regarding the activities of the association,

4- With the authority given by the General Assembly, to purchase immovable property, to sell movable and immovable properties belonging to the association, to have buildings or facilities built, to make a lease agreement, to establish pledges or real rights in favor of the association,

5- To ensure that representation offices are opened where necessary,

6- To implement the decisions taken in the general assembly,

7- To prepare the association's operation account or balance sheet and income statement and the report explaining the work of the executive board at the end of each activity year, to present it to the general assembly when it meets

8- To ensure the implementation of the budget,

9- Deciding on admission of members or dismissing members from the association,

10- To determine the volunteer and full or part-time people to work in line with the aims of the association, to determine the working conditions and other payments such as wages and travel and food assistance,

11- To take and implement all kinds of decisions in order to realize the objectives of the association,

12-  Performing other duties  and using the powers assigned by the legislation,

Formation of the Supervisory Board

Article 18-  Supervisory board checks whether the association operates in line with the field specified in order to achieve the purpose and objectives indicated in its statute; whether the books, accounts and records are kept in accordance with the legislation and the association's statute, according to the principles and procedures determined in the statute of the association and at intervals not exceeding one year, and presents it as a report to the executive board and to the general assembly when it convenes.

The supervisory board may request the general assembly to be called for a meeting when necessary.

Association’s Income Sources

 Article 19- Association’s income sources are as follows:

1-  10 TL entrance fee and 5 TL annual fee collected from the members, provided that the  authority to change these belongs to the general assembly,

2- Donations and aids  to the association made voluntarily by natural and legal persons.

3- Income from activities such as tea and dinner meetings, trips and entertainment, plays, concerts, sports competitions and conferences organized by the Association,

4- Income from the association's assets,

5- Donations and aids to be accepted according to the legislation on fundraising.

6- Income obtained from the commercial activities that the association undertakes in order to obtain the income it needs to achieve its objectives.

7- Other incomes.

Books

Article 20- Following books are kept by the association.

1- Resolution Book: The decisions of the executive board are written in this book in order of date and number, and the decisions are signed by the attending members.

2- Member Registration Book: The identity information of the members of the association, their entry and exit dates are recorded in this book. Entrance and annual fees paid by the members can be recorded in this book.

3- Document Registry Book: Incoming and outgoing documents are recorded in this book with date and sequence number. The original copies of incoming documents and outgoing documents are filed. Documents received or sent via electronic mail are stored by printouts.

4- Accounts Book: Incomes and expenses made on behalf of the Association are clearly and regularly recorded in this book.

5- Receipt Document Registry Book: The serial and sequence numbers of the receipt documents, the names, surnames and signatures of those who received and returned these documents, and the dates they received and returned are recorded in this book.

6- Fixture Book: The date and form of acquisition of the fixtures belonging to the association, the places where they are used or given out, and the deregistration of those who have expired are recorded in this book.

Receipt Documents

Article 21- The "Receipt Documents" to be used in the collection of the association's income are printed by the decision of the executive board. In this regard, action is taken in accordance with the mandatory rules of the legislation of associations and tax legislation and the provisions of the advisory communiqués published by the Ministry of Finance.

Authorization Document

Article 22- Except for the full members of the executive board, the person or persons who will collect income on behalf of the association are determined by the decision of the executive board, by indicating the period of authority. Full members of the executive board can collect income without an authorization document.

The duration of the authorization documents is determined by the executive board as one year at most. Expired authorization documents are renewed according to the first paragraph. In cases such as the expiration of the authorization document or the resignation of the person whose authorization document has been issued, death, dismissal from job or duty; it is obligatory to submit the given authorization documents to the executive board of the association within one week. In addition, the power to collect income can always be revoked by the decision of the executive board.

Opening a Representation Office

Article 23- The association may open a representation office with the decision of the executive board in order to carry out the activities of the association where it deems necessary. The address of the representative office is notified in writing to the local administrative authority by the person or persons appointed as a representative by the decision of the executive board. Representation offices may not be represented in the General Assembly.

Internal Audit

Article 24- Internal audit can be carried out by the general assembly, executive board or supervisory board, as well as by independent audit institutions. The fact that an audit has been carried out by the general assembly, executive board or independent audit institutions does not remove the responsibility of the supervisory board.

The audit of the association is carried out by the supervisory board once a year at the latest. The general assembly or the board of directors may audit when deemed necessary or have independent audit firms to carry out audits.

Loan Mechanisms Used by the Association

Article 25- In case of need, the association may take loans with the decision of the executive board in order to achieve its purpose and to carry out its activities. This loan can be in the form of goods and services or in cash. However, this loan cannot be made in amounts that cannot be covered by the association's income sources and in a nature that will force the association into financial difficulty.

How to Change the Statute

Article 26- Changes to the statute is subject to general assembly decisions.

A majority of 2/3 of the members who have the right to attend the general assembly is required in order to change the statute in the general assembly. In case the meeting is postponed due to lack of majority, the majority is not required in the second meeting. However, the number of members attending this meeting cannot be less than twice the total number of members of the executive and supervisory boards.

The majority required for the amendment of the statute is 2/3 of the votes of attending members who have the right to vote. Voting for the changes to the statute is made via open ballot in the General Assembly.

Dissolution of the Association

Article 27- The general assembly can always decide to dissolve the association.

In order to discuss the dissolution in the general assembly, 2/3 majority of the members who have the right to attend the general assembly is required. In case the meeting is postponed due to lack of majority, the majority is not required in the second meeting. However, the number of members attending this meeting cannot be less than twice the total number of members of the executive and supervisory boards.

The majority of decision required to dissolution decision is 2/3 of the votes of the members who attend the meeting and have the right to vote. Voting for the dissolution is made via open ballot in the General Assembly.

Liquidation Procedures

Article 28- When the dissolution of the association is decided by the general assembly, the liquidation of the money, property and rights of the association is carried out by the liquidation committee consisting of the members of the last executive board.

During the liquidation process, a call is made for the creditors of the association and the assets, if any, are converted into cash and paid to the creditors. If the association is a creditor, the receivables are collected. After the collection of the receivables and the payment of the debts, all the remaining money, property and rights are transferred to the institution determined in the general assembly. This institution is recommended to the general assembly at the last executive board meeting by the executive board calling the general assembly meeting on the liquidation agenda. This decision is read in the general assembly and if the general assembly does not rule otherwise, the transfer is made to the institution determined by the executive board.

Members of the last executive board are responsible for keeping the books and documents of the association under the title of liquidation committee. This duty can be conferred to a member of the executive board too. These books and records must be kept for five years. Liquidation procedures are to be carried out and terminated in accordance with the legislation of associations and other legislative provisions.

Lack of Provision

Article 29- On matters not specified in this statute, the Law on Associations of the Republic of Turkey, the Turkish Civil Code and the Associations Regulation issued in reference to these Laws and the provisions of other relevant legislation on associations are applied.

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