Confederation of Asia-Pacific Employers

PREAMBLE

We, the employers' organizations which participated in the 5th Asia-Pacific High-Level Employers' Conference held in Singapore, October 2000, conscious of our role in the formulation of socio-economic policies for stability and growth, recognizing the challenges and opportunities of globalization, and realizing the imperative need for cooperation, cohesion and interaction in a borderless economy, hereby establish THE CONFEDERATION OF ASIA-PACIFIC EMPLOYERS (CAPE), and promulgate this Constitution.

ARTICLE I.   OBJECTIVES

In order to make the environment of the Asia-Pacific region an attractive and better place to do business in, as well as to promote social and economic development for its people:

1.   The Confederation shall promote mutual understanding and cooperation among its members on issues concerning labour, the economy, social policy, and labour-management relations.

2.   The Confederation shall establish a communication network to facilitate the regular exchange of information among its members in order to keep all members fully informed of regional and worldwide developments.

3.   The Confederation shall, as the occasion demands, furnish its constituent members with specific data and material relevant to the region and provide access to information that may be obtained from other international and regional organisations.

4.   The Confederation shall endeavour to enhance mutual communication, and conduct joint activities, including research and studies, fully utilizing new information technology, in the interest of its members.

5.   The Confederation shall strive to achieve unity of purpose and action amongst its members, and to coordinate and strengthen cooperation with the International Organization of Employers.

ARTICLE II.   MEMBERSHIP

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1.   The Confederation shall consist of national employers' organizations in the Asia-Pacific region, i.e. the area covered by the International Labour Organization's Regional Office for Asia and the Pacific, located in Bangkok, which share the common objectives enumerated in Article I.

2.   A national employers' organization affiliated to the International Organisation of Employers shall be admitted as a regular member upon the recommendation of any member of the General Council and approved by a majority of the members of the Council.

3.   The General Council may admit other organisations as associate members under such conditions as it may prescribe. However, no applicant shall be admitted without the concurrence of the regular member from the country in which the applicant is based.

4.   The General Council may, by a vote supported by at least two-thirds of the members, expel a member which has failed to observe its obligations under this Constitution.

5.   A member may withdraw from the Confederation on giving three months' written notice. A withdrawing member shall remain liable for any annual subscription due for the year during which the withdrawal becomes effective.

ARTICLE III.   GENERAL COUNCIL

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a)   Determine the general policy of the Confederation;

b)   Admit new members;

c)   Decide to accept observers to its meetings;

d)   Appoint and remove from office the Secretary-General of the Confederation upon the recommendation of the Chairperson;

e)   Receive the report of the Secretary-General of the Confederation;

f)   Adopt the budget of the Confederation and fix the membership subscription;

g)   Amend the Constitution;

h)   Terminate a member's affiliation;

i)   Dissolve the Confederation.

2.   Decisions of the General Council shall require a simple majority of its members, provided that decisions to amend the Constitution, terminate a member's affiliation or dissolve the Confederation shall require a two-thirds majority of the members.

3.   The General Council shall from among its members elect a Chairperson, a Treasurer and four Vice-Chairpersons representing different sub-regions, who along with the Secretary General will constitute the Executive Board. The General Council can also elect, in case of necessity, a Deputy-Treasurer, who will also become a member of the Executive Board.

4.   The Chairperson and the four Vice-Chairpersons shall serve for three years, as long as they remain the designated representatives of regular members of the Confederation. They will be eligible for re-election for one additional term.

5.   In the event of a vacancy in the office of Chairperson or any Vice-Chairperson, such vacancy shall be filled by a decision of the General Council for the remaining period pertaining to that office.

6.   The Chairperson shall have the right to vote, and shall have an additional casting vote to break a tie.

ARTICLE IV.   EXECUTIVE BOARD

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1.   The Executive Board shall approve the budget and accounts of the Confederation for submission to the General Council and do all such other things that may be assigned to it by the General Council.

2.   A simple majority of the Executive Board shall constitute a quorum to do its business.

ARTICLE V.   SECRETARIAT

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1.   The national organization to which the Chairperson belongs shall provide the secretariat for the Confederation. It will be headed by a Secretary- General to be recommended by the Chairperson and appointed by the General Council for the same period as the Chairperson of the Confederation.

2.   The Secretary-General of the Confederation shall direct and supervise the work of the secretariat. The Secretary-General's office shall be responsible for administering and coordinating the work of the confederation.

3.   The General Council shall receive the Secretary-General's Report on the Confederation's activities.

ARTICLE VI.   MEETINGS

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1.   The Chairperson shall convene the General Council at least once every three years as recommended by the Executive Board.

2.   The Chairperson shall convene the Executive Board once every year on the occasion of the International Labour Conference, and on such other occasions as it may deem necessary, or when requested to do so by a substantial number of General Council members. The Chairperson shall preside over the meetings of the Executive Board and shall have a casting vote.

3.   The Confederation shall hold an Asia-Pacific High Level Employers' Conference once every three years in cooperation with member employers' organisations and such other international organizations as may be appropriate.

ARTICLE VII.   FINANCIAL MATTERS

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1.   The sources of finance of the Confederation shall consist of the annual subscriptions paid by members and such other assets in cash or in kind as may be donated to, or solicited by, the Confederation.

2.   The cost of attending meetings of the Confederation shall be borne by the participating members. The administrative expenses of the meetings shall be borne by the Confederation and the member hosting the meeting.

3.   The financial year of the Confederation shall be from 1 January to 31 December of each calendar year.

4.   At the request of a member, accompanied by a statement of the reasons for the request, the General Council may, in the light of special mitigating circumstances, accept a reduced subscription. Each such decision shall apply for one financial period only.

5.   The budget of the Confederation shall be drawn up for a period of three years, beginning at the start of the calendar year immediately following the regular meeting of the General Council.

6.   The accounts of the Confederation shall be prepared annually by the Secretary-General and, after examination by a qualified auditor of the country in which the secretariat is located, shall be submitted for approval at the next meeting of the Executive Board.

7.   The Treasurer shall study the accounts prepared by the Secretary-General, and submit them to the Executive Board for its consideration.

8.   The budget proposal shall be prepared by the Secretary-General, referred to the Treasurer for comment, and approved by the Executive Board for submission to the General Council for adoption.

ARTICLE VIII.   AMENDMENTS AND DISSOLUTION

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1.   An amendment to the Constitution may be recommended by any regular member or by the Executive Board. Such amendment shall be effective upon approval by two-thirds of the Council members.

2.   The dissolution of the confederation may be recommended by any regular member or by the Executive Board and shall be effective upon approval by two-thirds of the members of the General Council.

Signed this the 27th day of August, 2001 in the City of Bangkok

Australian Chamber of Commerce and Industry
Bangladesh Employers' Federation
China Enterprise Confederation
Fiji Employers' Federation
Council of Indian Employers
The Employers' Association of Indonesia
Japan Federation of Employers' Associations
Korea Employers Federation
Malaysian Employers Federation
Mongolian Employers' Federation
Federation of Nepalese Chambers of Commerce & Industry
Business New Zealand
Employers' Federation of Pakistan
The Employers' Federation of Papua New Guinea
Employers' Confederation of the Philippines
Singapore National Employers' Federation
The Employers' Federation of Ceylon
Employers' Confederation of Thailand
Vietnam Chamber of Commerce and Industry