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Statutes

Wording of the Statutes approved by

XVIII Congress of the Latvian Red Cross

Riga, 24 November 2017

 

STATUTES

Society “Latvian Red Cross”

SECTION 1
GENERAL PROVISIONS

  1. Official Name and Foundation
    • Name of the society is “Latvian Red Cross” (hereinafter referred to as LatRC).
    • LatRC was founded on 20 November 1918. LatRC is the only national society of the International Red Cross and Red Crescent Movement (hereinafter referred to as IRCRCM) recognized by the law of the Republic of Latvia, which operates in the Republic of Latvia.
    • LatRC is a member of the International Federation of Red Cross and Red Crescent Societies.
  2. Objective, Basic Tasks and Principles of Operation
    • Activities of LatRC are governed by:
      • the present statutes, internal rules of procedure of LatRC issued on the basis of the statutes;
      • the Societies and Foundations Act, Act on the Latvian Red Cross and other laws and regulations, including the Geneva Conventions of 12 August 1949 and their Additional Protocols of 8 June 1977 and 8 December 2005 (hereinafter referred to as the Geneva Conventions and Their Additional Protocols);
      • the Statutes of the International Red Cross and Red Crescent Movement (including the principle of humanity, impartiality, neutrality, independence, voluntary service, unity and universality), and the Constitution of the International Federation of Red Cross and Red Crescent Societies.
    • LatRC complies, among other, with transparency of the sources of funding and allocation thereof and the measures set out in the internal rules of procedure of LatRC for prevention of the conflict of interests, fraud, and corruption risks.
    • The objective of LatRC (including its components) is to implement the fundamental principles and basic tasks of IRCRCM in the territory of the Republic of Latvia and outside it, including:
      • promote international humanitarian law and the fundamental principles of IRCRCM movement;
      • collaborate with public bodies in order to ensure compliance with the international humanitarian law and protect emblems of the Red Cross, Red Crescent, and Red Crystal;
      • respond to emergency situations (including armed conflicts in fields outlined by the Geneva Conventions) and provide relief to any victim – either a civilian or military;
      • involve residents in providing the first aid;
      • promote social integration by developing and providing relief to residents in the social sector;
      • pro-actively collaborate in promoting health, including promotion of healthy lifestyle, prevention of infections and other disease;
      • create favourable conditions for intellectual and creative development of the youth by supporting and facilitating initiative of young people, ensuring availability of the necessary information and opportunity to acquire skills and knowledge necessary for life in a form of informal education;
      • ensure operation of the LatRC Tracing Service;
      • promote and develop non-remunerated blood donor movement;
      • facilitate life-long education in all age and social groups of residents;
      • collaborate with members of the IRCRCM movement;
      • provide for basic needs of disabled persons, including with impaired vision, and facilitate their social integration;
      • involve volunteers in activities of LatRC in line with laws and regulations of the Republic of Latvia governing the voluntary work;
      • implement other assignments in line with the strategy approved by the LatRC Congress.
  1. Emblem
    • LatRC emblem is comprised of a circle in black line where the following is set on a white background:
      • a cross (five interconnected squares forming a cross) in red colour; and
      • a title “LATVIJAS SARKANAIS KRUSTS” in uppercase letters, colour black.
  • LatRC emblem is used in accordance with the Geneva Conventions and Their Additional Protocols, the Latvian Red Cross Act, Regulations for the National Societies on the Use of the Emblem of the Red Cross and Red Crescent adopted at the Red Cross and Red Crescent International Conference, LatRC by law “Regarding the emblem of the Latvian Red Cross” and other internal and external laws and regulations.

SECTION II
MEMBERS OF LATRC, THEIR RIGHTS AND OBLIGATIONS 

  1. Members of LatRC
    • Any individual who wishes to implement the objective and basic tasks of LatRC and who has paid the membership fee for the respective calendar year may become a member of LatRC.
    • In order to become the member of LatRC, one should register with the selected LatRC branch. The decision on enrolment of the member in LatRC is adopted by the LatRC branch.
    • The member of LatRC may leave LatRC at any time by notifying the respective LatRC branch in writing.
    • Registration of LatRC members and recordkeeping thereof is performed in accordance with LatRC bylaw “Regarding files of members of LatRC and data protection”.
  2. Obligations and Rights of LatRC Members
    • A member of LatRC has the following obligations:
      • comply with the fundamental principles of IRCRCM movement and promote them;
      • pro-actively take part and support operation of LatRC, implementation of its objective and basic tasks;
      • comply with internal regulatory documents of LatRC, including statues, bylaws, and regulations;
      • comply with the decisions made by the governing bodies of LatRC;
      • comply with the ethical standards and prevent actions detrimental to the good standing and reputation of LatRC or discrediting LatRC before the general public;
      • pay the membership fee under the procedure and in the amount set out in the statutes of LatRC for each calendar year.
    • A member of LatRC has the following rights:
      • take part in activities of LatRC under the procedure set out in the statutes of LatRC;
      • take part, vote and be elected to the elected positions of LatRC during general assemblies of the branch and the conference of LatRC committee, and LatRC congress;
      • become a delegate and take part in the LatRC congress with voting rights;
      • request information about activities of LatRC.
  1. Membership Fee
    • The amount of the membership fee is established by the LatRC congress.
    • The LatRC member pays the membership fee at the branch, at which the respective member has been registered, under the procedure set out in LatRC bylaw “Regarding files of members of LatRc and data protection”.
  2. Expulsion of LatRC Member
    • A member of LatRC may be expelled, if such member of LatRC:
      • fails to perform or duly perform duties of a member of LatRC set out in the statutes of LatRC; and/or
      • has caused moral damage or financial losses to LatRC.
    • The council of LatRC committee makes a decision on expulsion of a member of LatRC and notifies the member of LatRC thereof.
    • The decision on expulsion of a member of LatRC can be appealed by such member of LatRC before the council of LatRC within 10 (ten) days under the procedure outlined in LatRC bylaw “Regarding procedure for resolution of conflicts at the Latvian Red Cross”.
    • If a member of LatRC leaves or is expelled from LatRC, such member of LatRC forfeits the right to use the property, financial resources, name, and symbols of LatRC in future.
  3. Honorary Member of LatRC
    • A person who, through his/her work and resources contributed, has considerably supported activities and development of LatRC or IRCRCM movement, or who has outstanding merits in implementing the objectives of LatRC or IRCRCM movement, may become an honorary member of LatRC.
    • The decision on granting the status of the honorary member of LatRC is adopted in accordance with LatRC bylaw “Regarding award of the title of honorary member of LatRC”
    • The honorary member of LatRC has rights and obligations of the member of LatRC, save for:
      • the honorary member of LatRC does not have to pay the membership fee;
      • the honorary member of LatRC may not become a delegate and participate in the LatRC congress with voting rights.
    • The honorary member of LatRC has a right to use symbols of LatRC and refer to membership in LatRC, note the status of the honorary member of LatRC among other.
  4. Dispute Resolution Procedure
    • All disputes among members, employees, and volunteers of LatRC are resolved under the procedure set out in LatRC bylaw “Regarding procedure for resolution of conflicts at the Latvian Red Cross”, except if the procedure for dispute resolution is established by a legislative act effective in the Republic of Latvia (Labour Code, Civil Code, Criminal Act, etc.), or another internal rule of procedure of LatRC, then the dispute must be resolved under the procedure set out in the respective legislative act.

SECTION III
COMPONENTS OF LATRC

  1. Structure of LatRC
    • The structure of LatRC is formed of the members who are joined in LatRC branches. The LatRC branches are components, which perform activities at the local level, inter alia, attract members of LatRC and collect membership fees. LatRC branches form LatRC Youth (hereafter, LatRC Youth) and LatRC committees. The LatRC committees are independent components of LatRC, which perform activities at the regional level.
    • A decision on formation of the LatRC committee (including its area of activities) and liquidation thereof is adopted by the LatRC council.
    • A decision on formation of a LatRC branch (including its area of activities) and liquidation thereof is made by the council of the respective LatRC committee.
  2. LatRC Branch
    • Activities of LatRC branches are regulated by the statutes of LatRC and internal rules of procedure issued on the basis thereof (including LatRC bylaw “Regarding branches of the Latvian Red Cross”) and decisions of the general assembly of the members of LatRC branch and the council of the respective LatRC committee , instructions of the executive manager of the LatRC committee, decisions of the LatRC congress, council, and board, and decrees of the secretary general of LatRC.
    • The procedure of establishment of a branch of LatRC (including executive bodies and governing bodies), rights and obligations thereof are set forth in LatRC bylaw “Regarding branches of the Latvian Red Cross”.
    • The highest governing body of a LatRC branch is the general assembly of members of the LatRC branch.
    • The general assembly of members of LatRC branch is convened upon necessity, while no less frequently than once in 2 (two) years. The general assembly of members of the branch must be convened based on a decision of the council of the LatRC committee before the ordinary conference of the LatRC committee.
    • The general assembly of members of a LatRC branch passes a decision by a simple majority of votes of the members present. The vote is taken by open ballot or secret ballot, based on a decision made by the members.
    • Activities of the LatRC branch are managed by LatRC branch manager elected at the general assembly of members of LatRC branch, in compliance with decisions of the general assembly of members of LatRC branch and the council of LatRC committee, as well as instructions of the chairperson of LatRC committee and the executive manager.
  3. LatRC Committee
    • Activities of the LatRC committee are governed by the statutes of LatRC and the internal rules of procedure issued on the basis thereof (including LatRC bylaw “Regarding the committee of the Latvian Red Cross”), decisions of the LatRC congress, council, and board, and decrees of the secretary general of LatRC.
    • Duties and rights of the LatRC committee (including governing body and executive body) are established in LatRC bylaw “Regarding committees of the Latvian Red Cross”.
    • The highest governing body of the LatRC committee is the conference of the LatRC committee.
    • The ordinary conference of the LatRC committee is convened no less frequently than once in 2 (two) years. Only delegates nominated by the general assembly of members of the LatRC branch have voting rights at the conference of the LatRC committee. The number of delegates to be nominated is established by the council of the LatRC committee in proportion to the number of members in the LatRC branches, while no less than one 1 (ones) delegate from the LatRC branch.
    • The procedure of convocation and course of the conference of the LatRC committee, as well as competence thereof is established in LatRC bylaw “Regarding the committee of the Latvian Red Cross”.
    • Decisions of the conference of the LatRC committee are passed by a simple majority of votes of the delegates present. The vote is taken by open ballot or secret ballot based on the decision made by the delegates.
    • The conference of the LatRC committee elects a council of the committee for 4 (four) years composed of 5 (five) to 15 (fifteen) individuals, including the chairperson of the council of the LatRC committee, who concurrently is the chairperson of the LatRC committee.
    • The council of the LatRC committee is the highest governing body of the LatRC committee during the interim periods between the conferences of the LatRC committee.
    • Meetings of the council of the LatRC committee are convened upon necessity, while no less frequently than once in 3 (three) months. The council of the LatRC committee is authorized to conduct business, if at least half of the council members are present at the meeting.
    • The procedure for convocation and course of meeting of the council of the LatRC committee, as well as its competence is established in LatRC bylaw “Regarding the committee of the Latvian Red Cross”.
    • Activities of the council of the LatRC committee is chaired by the chairperson of the council of the LatRC committee. If the chairperson of the council of the LatRC committee is unable to run the council, their duties are performed by a member of the council of the LatRC committee appointed by the council of the LatRC committee until an ordinary or extraordinary conference of the LatRC committee.
    • The executive body of the LatRC committee is the executive manager of the LatRC committee who runs and arranges activities of the LatRC committee. The executive manager of the LatRC committee is hired for work (including voluntary) by the secretary general.
  4. Latvian Red Cross Youth
    • LatRC Youth is a component of LatRC that unities young people for the purpose to support initiatives of young people, to facilitate acquisition and promotion of informal education and to motivate young people to use free time in a useful manner.
    • Structure, obligations and rights of the LatRC Youth are established in the LatRC bylaw “Regarding the Latvian Red Cross Youth”.

SECTION IV
GOVERNING AND EXECUTIVE BODIES

  1. General Provisions
    • The governing body of LatRC on the national level is LatRC congress and LatRC council, on the regional level – the conference and council of the LatRC committee, while on the local level – LatRC branches (including general assemblies of members). Decisions of the LatRC congress and LatRC council are binding on LatRC in general, including on the components of LatRC, which operate under LatRC name and use symbols of the Red Cross (including the emblem). Decisions of the conference and council of the LatRC committee, as well as decisions of LatRC branches (including the general assemblies of members) are binding on the respective regional or local executive authority of LatRC.
    • The executive body of LatRC on the national level is the LatRC board, on the regional level – the executive manager of the LatRC committee, while on the local level – the LatRC branch manager.
    • The governing body and executive body of LatRC are separate and operate within the competence set out in the statutes of LatRC. No same person may represent the governing body and the executive body concurrently.
  2. General Conditions for Election of Representatives
    • Only members of LatRC may become elected representatives of LatRC.
    • The term of office of the representatives of governing bodies elected at the LatRC congress or the conference of the LatRC committee commences at the time of election and continue until the ordinary or extraordinary LatRC congress or the conference of the LatRC committee accordingly.
  3. LatRC Congress
    • The LatRC congress is the highest governing body of LatRC. The ordinary LatRC congress is convened by the LatRC council once in 4 (four) years, by giving a prior notice of at least 4 (four) months about the venue and time of the LatRC congress.
    • The extraordinary congress is convened by the LatRC council or board at its own initiative, or, if requested by at least one tenth of the members of LatRC, by giving a prior notice of at least 1 (one) month about the venue and time thereof.
    • Upon assignment of the council, the LatRC board drafts a written notification about agenda of the LatRC congress and dispatch thereof to LatRC committees no later than 4 (four) weeks before the ordinary or extraordinary LatRC congress.
    • Only the delegates elected by the LatRC committees and LatRC Youth conferences, and the president of LatRC have voting rights at the LatRC congress. The number of delegates from each LatRC committee is established by the LatRC council in proportion to the number of members of the LatRC committee, while no less than one delegate from a LatRC committee. The LatRC Youth conference elects 2 (two) delegates for participation in the LatRC congress.
    • The LatRC congress is authorized to conduct business, if more than half of the delegates elected by the LatRC committee and at the LatRC Youth conferences are present there.
    • Decisions are passed at the LatRC congress by a simple majority of votes of the delegates present. The vote is taken by open ballot or secret ballot based on the decision made by the delegates.
    • Only the LatRC congress may adopt decisions on the following matters:
      • strategy of further activities of LatRC;
      • approval of the new wording of the statutes and amendments thereof;
      • amount of the membership fee of LatRC;
      • election of the LatRC council and president for 4 (four) years;
      • recall of the LatRC council and president;
      • approval of reports of the council on performance in the reporting period;
      • liquidation of LatRC. The decision on liquidation of LatRC is passed if more than two thirds of the delegates with voting rights present vote in favour of that. The liquidation of LatRC must be carried out in accordance with the laws and regulations of the Republic of Latvia.
  1. LatRC Conference
    • The LatRC conference is a governing body of LatRC convened by the LatRC council in the interim period between LatRC congresses once in 4 (four) years.
    • Convocation and activities of the LatRC conference is conducted under the procedure set out in Articles 1–16.6of the statutes of LatRC.
    • The LatRC conference evaluates performance of the society and accomplishment of the approved strategy of LatRC, as well as resolve on other key matters of LatRC.
  2. LatRC Council
    • The LatRC council is the highest governing authority of LatRC during the interim period between the LatRC congresses, which operate in accordance with the regulations of the LatRC council approved by the LatRC congress.
    • The LatRC council is comprised of 15 (fifteen) to 21 (twenty-one) members (including 2 (two) representatives of LatRC Youth), who are elected by the LatRC congress until the next ordinary congress of LatRC (i.e. for 4 years). Only a member of LatRC of legal age can be appointed a member of the LatRC council.
    • Candidate members of the LatRC council, who have received at least 25% of the votes of the delegates present during the ballot of the LatRC congress, while are not elected to be the LatRC council members, are registered as candidate members of the LatRC council in the priority order of votes received. The candidate members of the LatRC council become members of the LatRC council by a decision of the LatRC council, if any of the members of the LatRC council elected ceases to perform the duties of the LatRC council member before the end of the term of office.
    • The operation of the LatRC council is chaired by the president of LatRC, who is the chairperson of the LatRC council concurrently.
    • The meetings of the LatRC council are convened by the chairperson of the LatRC council upon necessity, while no less than once in 3 (three) months, as well as upon a request of the LatRC board or at least one third of the members of the LatRC council.
    • Meetings of the LatRC council are chaired by the president of LatRC or the member of the LatRC council authorized by them.
    • If the meeting of the LatRC council is not closed, any member of LatRC can take part there. Only members of the LatRC, secretary general, and secretary of the LatRC council take part in the closed meetings of council.
    • The LatRC council is authorized to conduct business, if at least half of the members of the LatRC council are present at the meeting of the LatRC council. Each member of the LatRC has one vote.
    • If the LatRC council does not authorized to conduct business due to the lack of quorum, the chairperson of the LatRC council convenes a repeated meeting of the LatRC council.
    • Decisions are passed by a simple majority of votes of the present members of the LatRC council. In case of a tie, the vote of the president of LatRC is decisive.
    • Rights and obligations of the LatRC council:
      • approve operational plan of LatRC, review and approve the budget of LatRC every year;
      • approve the financial statement of LatRC audited by a certified auditor for the previous year;
      • approve the bylaws of LatRC;
      • provide recommendations for an agenda of LatRC congress;
      • approve the programmes of LatRC to be implemented on the national scale, implementation of which is binding on all or certain committees of LatRC;
      • pursuant to the bylaw of LatRC regarding committees of LatRC pass a decision on establishment of a new LatRC committee or consolidation or liquidation of a current one;
      • resolve on convocation of an extraordinary conference of the LatRC committee for the purpose of reorganization of operation or liquidation of the LatRC committee;
      • appoint and recall the chairperson of LatRC board (secretary general) and board members;
      • resolve on establishing a remuneration for board members;
      • resolve on purchase and sale of real estate;
      • elect an acting president from among members of the council, if such position has become vacant during the interim periods between congresses;
      • approve the area of operation of the LatRC committees;
      • review other major issues, which are not in competence of the LatRC congress;
      • appoint a certified auditor for the term of office of the LatRC council.
  1. LatRC President
    • LatRC is the highest official at LatRC. The president of LatRC is elected by the LatRC congress. The president runs operations of LatRC in accordance with the decisions of the LatRC congress and the council.
    • The president is responsible for activities of LatRC in line with the objective established in the statutes of LatRC. The president is obliged to:
      • manage the LatRC congress and the council;
      • present the performance report of LatRC at the LatRC congress;
      • nominate a candidate for the position of a chairperson of the LatRC board (secretary general) and enter into an employment contract with the chairperson of LatRC board (secretary general) approved by the LatRC council and board members.
      • represent LatRC on the national and international level.
    • The president has a right to delegate his/her obligations to members of the LatRC council.
    • In absence of the president, their duties are carried out by a member of the LatRC council authorized by the president.
    • If the president fails to perform their functions, their obligations must be performed by a member of the LatRC council appointed by the LatRC council until the ordinary or extraordinary congress of LatRC.
  2. LatRC Board
    • LatRC board is appointed by LatRC council for the period between the ordinary LatRC congress and the subsequent ordinary LatRC congress (i.e., for 4 years). Candidate members to LatRC board are nominated by the chairperson of LatRC board (secretary general).
    • LatRC board is comprised of 5 (five) members authorized to represent LatRC jointly by at least two. The chairperson of the LatRC board has a right to represent LatRC individually.
    • LatRC board is authorized to conduct business, if more than a half of board members are present. Each board member has one vote.
    • Decisions are passed by a simple majority of votes of the present members of the LatRC board. In case of a tie, the vote of the chairperson of the board (secretary general) is decisive.
    • Obligations of the board:
      • manage and organize activities of LatRC and implementation of the strategy;
      • organize performance of the decisions passed by the LatRC congress;
      • ensure monitoring of implementation of the LatRC programmes;
      • establish rights and duties of the components of LatRC save for branches and committees of LatRC;
      • prepare matters for review at the council and congress of LatRC;
      • organize development of a budget for the current fiscal year and submission therefor for review and approval of the LatRC council;
      • be in charge of the financial records and accounting, performance of the budget and operational plan approved by the council;
      • dispose of the assets and property of LatRC within the scope of authority set out by the LatRC council;
      • resolve on issues related to incorporation of business companies, winding up thereof, or interest therein.
    • The decisions made, and internal rules of procedure approved by the board are binding on members and components of LatRC.
    • The LatRC board acts in accordance with the regulation for operation of LatRC board approved by the LatRC council.
  3. Chairperson of the LatRC Board (Secretary General)
    • The chairperson of the board (secretary general) is the head of the executive body of LatRC and is responsible for performance of the LatRC board.
    • Obligations of the chairperson of the board:
      • represent LatRC, including local, public and international authorities;
      • run activities of the LatRC board;
      • on behalf of LatRC to enter, within their competence, into contracts, sign powers of attorney and other documents, open current accounts, sign financial documents and perform other necessary activities for performance of the assignments of LatRC;
      • hire and lay off employees of LatRC;
      • draft the budget and prepare financial accounts;
      • take part and voice an opinion on the performance of LatRC at the congress and meetings of the LatRC council.

SECTION V
CERTIFIED AUDITOR

  • Monitoring of the financial and economic performance of LatRC is conducted by a certified auditor appointed by the LatRC council. The certified auditor is appointed for the term of office of LatRC council.
  • The certified auditor has a duty to perform audit of the annual report of LatRC under the procedure set out by laws and regulations of the Republic of Latvia and prepare a relevant report.
  • The LatRC council does not have a right to approve the annual report of LatRC without audit and report of the certified auditor.

____________________

Uldis Līkops

Secretary General of the Society “Latvian Red Cross”

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