The provisions of Presidential Decree on the Implementation of Certain Measures under the State of Emergency No. 128, published in the Official Gazette on March 3, 2023, under number 32121, are also closely related to civil society organizations.
This decree includes, in addition to the associations that have their headquarters in the provinces where the state of emergency has been declared, civil society organizations that operate in the provinces to relieve the damage caused by the earthquake. In this regard, we have prepared a brief information about the relevant presidential decree.
Obligation to Notify and Report
The obligations to notify and report, resulting from the Associations Law No. 5253, of associations based in Adana, Adıyaman, Diyarbakır, Gaziantep, Hatay, Kahramanmaraş, Kilis, Malatya, Osmaniye and Şanlıurfa or associations operating in these provinces to relieve the earthquake damage dated February 6, 2023 have been postponed until the end of the state of emergency. The related operations will resume on the day the suspension period ends.
As known; these obligations include various legal transactions such as convening the general assembly, submitting the annual declaration of the association, notifying changes of address and services in the association bodies, reporting real estate, receiving foreign aid, reporting activities, membership and resignation.
Although the decree does not regulate how associations that are not headquartered in the provinces of the state of emergency but are active in those provinces to relieve the damage caused by the earthquake will be evaluated. It does provide that visual and written evidence of these activities will be required in the declarations to be filed after the postponement.
Decisions of the General Assembly
It is known that many associations in the earthquake zone could not hold their general assemblies at the times provided for in their statutes, during this process. With the corresponding decree, the procedures for the general assemblies were postponed until the end of the state of emergency.
The duties, authorities and responsibilities of the existing bodies of the Associations remain in place until the first General Assembly. In addition to this decree, the branches or representations of associations, confederations, societies and foundations based abroad, as well as branches or representative offices of other non-profit organizations in Turkey are also included.
Since the decree does not contain any specific statement regarding the board meetings, the existing provisions of the Law on Associations and its regulation continue to apply to the internal administrative procedures of the association.
Disaster-related Activities
The decree allows associations to participate in disaster-related activities, regardless of the purpose and scope of work specified in their statutes. This regulation also applies to foreign civil society organizations that are allowed to operate in Turkey.
Accordingly, civil society organizations operating and cooperating in Turkey will be allowed to engage in activities related to the disaster during the state of emergency from February 6, 2023, regardless of the permitted location and activity. However, the relevant decree clearly states that this activity may be restricted by the Ministry of Interior if necessary.
Additional regulation for foreign civil society organizations
The decree regulates that foreign civil society organizations that do not have permission to operate in Turkey but wish to participate in disaster-related operations in the provinces where a state of emergency has been declared may do so with the permission of the Ministry of Interior without waiting for the opinion of the Ministry of Foreign Affairs, as provided in the procedure under Article 5 of Law on Aid Collection No. 5253.
The relevant presidential decree can be found here.
