The principle of alterability in social organizations
By Danilo Icaza Ortiz, FEXLAW partner.
In our country, all forms of organization of society are recognized as an expression of popular sovereignty to develop self determination processes and influence in public decisions and social control of all levels of government, as well as public and private entities that provide public services. (Art. 96 CRE)
Organizations can be articulated at different levels to strengthen citizen power and its forms of expression. The different associative and organizational dynamics must guarantee internal democracy, the alternation of their leaders, accountability and respect for the rights established in the Constitution and the law, as well as gender parity, except in those cases in which the organizations are exclusively women’s or men’s organizations, or in those in which there are not enough members of one gender to integrate their board of directors in a parity manner (Art. 30 LOPC).
It is important that the collective organizations take into consideration the principle of alternation of their leaders during the procedure and election of new directors, either by expiration of term or change of dignities, so that they are not observed by the competent public entity, according to Article 16 of the “Reglamento para el otorgamiento de personalidad jurídica a las organizaciones sociales”.