How to Protect an Association?
A few months ago, I pointed out in an email a series of procedural irregularities and solutions to resolve the issue, as they were questioning the principles of transparency and integrity of an organization that we are part of. Instead of correcting these problems, and having a real dialogue, the representatives of the organization continued to make mistakes that exceeded the boundaries of civil law and culminated in actions with potential criminal risk. Recently, personal items from the workspace of Rockit Academy were forcefully evacuated, in a clear act of intimidation. We reported the incident to the authorities and filed a complaint in this regard.
In an era where digital empires are being built and communities are being developed through technology, conduct and transparency in associative organizations are often overlooked. In this context, a member of the board emphasized the need to “protect the association from within.” This vague message seems to suggest protecting the association from members who have reported procedural irregularities, who have contested non-compliant practices, and who have tried to promote dialogue and transparency. Instead, the organization resorted to intimidation tactics right before the General Assembly.
The reality is harsh but important: The true protection of an association comes from abiding by the law and statutory provisions, not by suppressing critical voices. Expanding organizations can face threats to their integrity and security, not only from outside but also from within. In the face of these challenges, digital solutions, such as online voting platforms that ensure an efficient and confidential voting process, can offer a path to greater transparency and protection.
An essential point to mention is the danger posed by changes made to the statute of an association, without a proper understanding of the consequences. Too often, votes are cast for such changes without fully understanding their implications, resulting in possible violations of members’ rights and erosion of the organization’s fundamental values, as well as those provided by law.
Article 17 paragraph (7) of the Law on Non-Commercial Organizations mentions that the decisions of the governing and control bodies can be challenged in accordance with the law and the organization’s statute. Any decision of the administrator can thus be challenged and annulled by the General Assembly. Despite the interpretations a board may make, they cannot annul the fundamental principles of an association: transparency, responsibility, and legality.
Another board member suggested that although the activity of an association must be transparent, the board’s activity does not need to be the same. This viewpoint is completely wrong. The transparency of the Council’s activity and other governing bodies is essential for protecting the legality and rights of the members. It supports the democratic principle, ensures active participation of members, and encourages responsibility and integrity.
As I have mentioned before, this experience is not comfortable, not desired and intentionally provoked, but because we have come here, it is important to set a precedent that inspires courage to speak, to criticize constructively, and to act according to our principles, even when we face opposition or authority.
Translated from original press release published on civic.md
