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PEC
STATUTES (revised June 1993) |
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| ARTICLE 1: OFFICES
OF THE CONFEDERATION |
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The headquarters of the Confederation shall be located in Nairobi.
The location of the headquarters of the Confederation and of its Secretariat
may be changed within Africa by the General Assembly on a decision
carried by two-thirds of registered members with voting rights.
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| ARTICLE 2: OBJECTS |
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The objects of the Confederation
shall be:
- to work for the promotion of industrial peace
in all enterprises in Africa by the development of sound industrial
relations, and personnel management practices,
- to provide for consultation between employers'
organisations, to ascertain their views on matters of common concern
and to represent those views to any inter-governmental body,
- to co-operate with all international employers'
organisations whose objects are consistent with those of the Confederation
and to maintain contact with international and regional organisations
such as the International Labour Organisations, the Organisation
of African Unitey and the OAU Labour Commission, the Arab labour
Organisation and the Arab Labour Ministers' Conference, and the
International Organisation of Employers, dealing with economic
development and social progress and to assist in the formation
of national employers' organisations in Africa.
- to assemble and make available to members when
required existing and proposed legislation relevant to the activities
of the Confederation,
- to collect and collate from members or other sources
economic and social data that are of benefit to members
- to respect the principles underyling the economic
and social order of every African country,
- to promote vocational and professional traingin
by encouraging national, subregional and continental symposia
and seminars in fields of particular interest to African employers,
- to associate African employers' organisations
in a joint effort to increase the understanding and importance
of the role they play in the continued improvement of society
and the State,
- to do all such other lawful things as are incidental
and conducive to the attainmetn of the above objects or any of
them, provided always that nothing shall be done by the Confederation
in pursuance of its objects:
- which would constitute an interference with
any member of the Confederation in the conduct of its affairs,
or
- which should be incosistent with the retention
by all members of the Confederation of their complete individual
autonomy and independence of action, or
- which would commit member organisations in
political and financial matters without their specific approval,
and further provided that the Confederation shall not communicated
to a non-member any information furnished to the Confederation
by any member except with the consent of that member,
- to promote, advocate, protect and defend the interests
of African employers at all suitable fora,
- to work for the creation and the development of
strong and independent national and subregional employers' organisations,
- to promote the principle of tripartism in the
solution of social and economic problems in collaboration with
the Governments and Workers
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| ARTICLE 3: OFFICIAL
LANGUAGES |
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The Arabic, English and French languages shall
be the offcial languages of the Confederation.
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| ARTICLE
4 : MEMBERSHIP |
- Membership of the Confederation shall consist
of the most representative central organisations of employers
of African countries.
- Application for membership shall be made in writing
to the Secretary-General of the Confederation who shall communicated
the application to the Executive Council which may provisionally
admit the applicant subject to the final approval of teh General
Assembly of the Confederation at its next meeting.
Admission to membership of the Confederation shall be by resolution
of the General Assembly and applications for membership may be
rejected provided that the applicant shall be informed of the
grounds for rejection of such membership application and shall
be accorded every reasonable opportunity to appeal to the General
Assembly for a reconsideraiton of its decision.
- The Confederation shall not, in the absence of
special circumstances:
- accept an application from an emplyoers' organisation
which is itself a member of, or eligible for membership of another
employers' organisation which is qualified for membership of
the Confederation,
- accept an application form an organisation other
than the employers' organisation most representative of employers
in the coutnry concerned.
- Representatives of employers' organisations which
are not eligile for membership of the Confederation may, with
the approval of the General Assembly, attend a meeting of the
General Assembly as observers
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| ARTICLE 5: GENERAL
ASSEMBLY |
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- The General Assembly shall be the only responsible
body determining the general policy of the Confederation. In particular,
it shall be empowered to:
- change the location of the headquarters of
the Confederation and of its Secretariat (Art.1)
- admit new members (Art. 4, b)
- decide to accept observers to its meetings
(Art 4, d)
- determine the date and place of its next meeting
and examine its agenda (Art. 5b, d)
- elect the Executive Council (Art 6, a)
- receive the report of the Secretary-General
on the activities of the Confederation (Art. 7, e)
- appoint the Secretary-General of the Confederation
and, if need be, discharge him (Art. 7 a, d)
- adopt the budget of the Confederation, fix
the subscriptions of its members and adopt the accounts of
the preceding financial year (Art. 10)
- amend the Statutes and By-Laws of the Confederation
(Art. 11)
- terminated a member's affiliation (Art. 12
a)
- dissolve the Confederation (At. 14)
- The General Assembly of the Confederation shall
be held at least once every two years. The date and place of the
next meting shall be determined y the General Assembly before
the close of its business.
- A special meeting of the General Assembly shall
be called if and when deemed necessary or on the requisition of
at least one half of the members of the Confederation, such meetings
to be held within three months of such requisition being received
by the Secretary-General. Any such requisition must be in writing
and must state the business proposed to be brought before the
General Assembly.
- At least three months' notice of any meeting of
the General Assembly and two months' notice of any special meeting
of the General Assembly shall be given to each member, and such
notice shall in each case be accompanied by an agenda.
- Each member shall be entitled to appoint a representative
to attend the General Assembly with the right to vote. Each member
may, in addition, appoint one or several substitutes to attend.
- A quorum shall be formed when 50% of the member
organisations of the Confederation are represent at the General
Assembly.
- All meetings of the Confederation shall be presided
over by the President or in this absence by one of th eVice-Presidents
elected as provided for in Article 6.
- The title of Honorary President shall be conferred
by the General Assembly to a particularly enminent personality,
whose action has contributed to the achievements of the Confederation.
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| ARTICLE 6. EXECUTIVE
COUNCIL |
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The Executive Council shall consist of twelve
members appointed by the General Assembly for a period of two years:
the President, the first and second Vice-Presidents, the Secretary-General,
the Deputy Secretary-General, the Treasurer, the Deputy Treasurer
and five members. The President, the first and second Vice-presidents
shall each come from a different sub-region. The President of the
Confederation shall be elected every two years on teh basis of the
respect of a subregional rotation.
- The President shall preside over all meetings
of the Executive Committee which should meet a regular intervals
to look into the policy matters and current problems of PEC.
- It shall be the responsibility of the Presidents
to consult members on the policy matters affecting members' interest.
In case of urgency, he shall consult the Executive Council and
shall report to all members immediately afterwards.
- All duties and powers of the Prsident under these
Statutes shll, in the event of his death, resignation or inability
to act, devolve upon the Vice-Presidents in order of seniority.
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| ARTICLE 7: SECRETARIAT
OF THE CONFEDERATION |
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- The General Assembly of the Confederation shall
appoint or elect the Secretary-General who, with the authority
of the Executive Council, shall appoint such staff as is needed
for the efficient administration of the Confederation.
- With the authority of the Executive Council,
the functions of the Secretary-General shall be to carry out the
decisions of the General Assembly, to prepare studies of questions
raised and including an annual report and accounts, to undertake
all work comprised in the aims of the Confederation and to assure
the day-to-day administraiton of the Confederation.
- Unless he is elected by the General Assembly,
the Secretary-General shall be a paid official of the Confederation
and his terms and conditions of service shall be determined by
the Executive Council.
- Unless he is elected by the General Assembly,
the Secretary-General shall be appointed for a period fixed by
the Executive Council for a maximum of four years, which may be
renewed. The General Assembly may remove him from office at any
time by a two-thirds vote during a General Assembly meeting, upon
recommendation of the Executive Council.
- The General Assembly shall receive the Secretary-General's
report on the Confederation's activities.
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| ARTICLE 8: SUBREGIONAL
SECTIONS |
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- The Confederation shall promote the establishment
of subregional employers' organisations throughout Africa.
- The subrgional organisations shall adopt their
own rules and procedures.
- Their aim shall be to promote and develop a common
approach to current economic and social problems facing employers
and to promote the objects of the Confederation on a subregional
basis.
- Each subregion will encourage contacts with the
other subregions through exchange of minutes of subregional meetings
and sending of observers at sister subregions' meetings.
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| ARTICLE 9: VOTES |
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- Each voting representative appointed in accordance
with Article 5,e shall be entitled to one vote. Votes will be
taken by a show of hands unless a request for a secret ballot
is made by at least one-third of the members present.
- In case of a tie vote within the Executive Council,
the President shall have the casting vote.
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| ARTICLE 10: FINANCE |
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- The financial year of the Confederation shall
be the period from 1st January to 31st December of each year.
- The rate of subscription payable by each member
in any given year shall be submitted in wrigint by the Finance
Committee to the members at least four months prior to the General
Assembly meeting. The adoption of the budget shall be ratified
by not less than two-thirds of the votes cast at the meeting,
including proxy votes.
- An establishment and reserve fund shall be established
consisting of voluntary contributions paid by the members of the
Confederation at the time of its establishment and in subsequent
years, to meeting the initial expenses fo the Confederation and
any subsequent budgetary shortfall.
- The annual subscription for each financial year
shall be paid:
- in the case of new members, within 60 days
of election to provisional membership;
- in the case of other members, at the start
of the financial year and not later thant 1st April.
- On request from a member, accompanied by a statement
of the reasons for its request, the General Assembly may, in the
light of the special circumstances obtainging (fall in currency
exchange rates, lack of development of the employers' organisation,
economic dificulties in the country concerned of exceptional intensity
of duration, or others) agree to a reduction in the amount of
the subscription. Such decision shall apply for one financial
periond on ly and the General Assembly shall no the called upon
to decide on subsequent reduction unless a request is again made
by the member concerned.
- A Finance Committee shall be appointed, formed
of the President, the Treasurer, the Secretary-General, and three
other representatives selected from among the members of the Executive
Council.
- The income of the Confederation shall be consituted
by subscriptions paid by its members - including contributions
to the Establishment and Reserve Fund - on the understanding that
the Confederation shall not accept any material or financial contribution
form any other source unless it has been approved by the majority
of the Executive Council.
- The accounts of the Confederation shall be prepared
annually by the Secretary-General and after examination by a qualified
auditor assisted by two representatives of the members appointed
by the Executive Council, shall be submitted for approval at the
next meeting of the General Assembly.
- The Finance Committee shall study the financial
needs of the Confederation. They shall be submitted to the General
Assembly a its next meeting.
- The Confederation's funds shall be entrsuted to
the Finance Committee acting as trustees.
- Any expenditure not provied for in the budget
shall be submitted to the Treasurer's approval.
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| ARTICLE 11: AMENDMENTS
TO THE STATUES |
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- Amendments to the Statutes of the Confederation
may be made at a meeting of the General Assembly proviede that
three months' notice of the proposed amendments have been given
to each member and provided also that the amendments are approved
by two-thirds of the members voting.
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| ARTICLE 12: CESSATION
OF MEMBERSHIP |
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- Where in the opinion of the General Assembly a
member ceases to qualify for membership of the Confederation such
membership may, on a resolution by the General Assembly, be terminated.
- A member which has failed to pay its subscription
for two financial years and after demand by the registered notice,
shall lose its voting rights and shall pay all outstanding subscriptions
to the Confederation.
- A member wishing to withdraw from the Confederation
shall advise the Secretary-General so in writing and shall pay
all monies due to the Confederation up to the expiry of the date
of its effective withdrawal, which shall be at the end of the
financial year and not less than six months after notice of withdrawal
is given.
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| ARTICLE 13: NOTICES |
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All notices to a member may
be validly given by a letter sent by airmail addressed to the organisation
at its last known address and ahll be deemed to have been received
on the 60th day after posting thereof. |
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| ARTICLE 14: DISSOLUTION |
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Where the Confederation is dissolved on a decision taken by the General
Assembly by a two-thirds majority of voting representatives of members
present, the liquidation of the Confederaiton shall be entrusted to
the Finance Committee acting as Trustees upon the instruction of the
General Assembly. |
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