S T A T U T E S
(up
to date 3 February 1998)
P R E A M B L E
1. MOTIVES
1.1. The liberal professions count tens of
millions of members worldwide and constitute a socio-economic factor in the international community whose importance by far surpasses the number
of their representatives.
1.2. Despite their apparent heterogeneity,
they are united around several fundemental criteria of professional conduct
- independence, competence, responsibility, deontology, professional secrecy, etc.
1.3. In numerous countries, the independent
professions have already created unions or
interprofessional associations at the national level.
At the same time a large number of
professions have called for gatherings
at world level from within their midst, and constituted international unions or associations.
1.4. Despite the diversity of the political, economic, historical
or cultural environment of the countries in which the liberal
professions exercise their activity,
the profiles of these two types of assembly and the problems they are confronted with are
comparable everywhere and often
identical.
1.5. The independent professions constitute
a specific economic and social sector at the
international level.
1.6. This sector is
part of the group of activities characterized by
individual services whose importance is incessantly growing in postindustrial society.
1.7. At present,
important intergovernmental negotiations are under way (notably
whithin the WTO). The independent
professions are directly concerned
and run the risk of being subjected to solutions without having been able to make themselves heard, for lack of an
international organization representing their interests.
1.8. The same applies to individual liberties,
the rights of man and the security of societies, which, in today's
world, are fundamental values that have tradittionally
been defended by the independent
professions.
1.9. For these reasons, it has become
indispensable and urgent for the national organizations
representing the professions to organize themselves at the international level.
2. OBJECTIVES
A worldwide organizations of independent professions must pursue
the following objectives :
2.1. Pursuit of greater efficiency of the conditions under which these professions
are exercised, in particular
by a promotion of the image and the influence of the organizations
representing them.
2.2. Rapid and complete exchange of information concerning
communal problems confronting
the independent professions on the national, bilateral or multilateral level.
2.3. Formulation and
international promotion of communal, fundamental or current
preoccupations.
2.4. Representation of the independent
professions before intergovernmental organizations, in particular by obtaining and advisory status in
these organizations, which is only
granted to nongovernmental organizations
of international dimensions.
2.5. Creation, by virtue of an
worldwide union, of the means required for promoting the human values of which the independent
professions are the traditional defenders.
2.6. Assistance and
support to independent professions in difficulties all over the world.
S T
A T U
T E S
ARTICLE 1 -
OBJECT
a)- The World Union
of Professions is an international nongovernmental
organization.
b)- Its purpose, through its work, studies and other appropriate
means, is :
1. to promote
worldwide a broader recognition and greater development of the professions ;
2. to represent these professions at the international level,
particularly in intergovernmental organizations ;
3. to establish and maintain permanent
relations with the international community in view of
developing professional activities, in the higher interest of promoting human rights in modern society ;
4. to establish a link between the
professional organizations of the world to further
the exchange of information and mutual
assistance in areas of common interest.
c)- The World Union
of Professions formally renounces
any discriminatory activity or consideration on the
basis of sexual, political,
ethnic or religious criteria.
ARTICLE 2 - N A
M E
The name of the organization is :
- in French : Union Mondiale des Professions Lib‚rales
- in English : World Union of Professions
- in German : Weltunion
der Freien Berufe
- in Spanish :
Union Mundial de las Profesiones Liberales.
ARTICLE 3 -
HEADQUARTERS
The Union has its headquarters in
Paris (France).
ARTICLE 4 - M E
M B E R S
a)- Active membership in the World
Union of Professions is open, to both "national inter-professional" organizations
and "single-profession" organizations
of independent professionals, in the sense understood herein.
b)- A "national inter-professional
organization" is, for each country, a representative organization that brings together members of independent
professions, irrespective of the legal form under which they practice, whose aims are in accordance with
those of the Union.
In those countries where there is no representative inter-professional organization, an organization which represents a single independent
profession and which agrees to abide
by Articles 1b and 1c of this document, may be admitted temporarily as a corresponding member.
c)- An "international single-profession
organization" is one that brings together, at
least in five countries distributed
in at least two continents, members of a single
profession at world level, whose aims
are in accordance with those of the Union.
d)- Organizations, which represent
liberal professions at either
regional or international level, and being not in
accordance with above mentioned
conditions, may be admitted
to the WUP with the status of associate member.
e)- Individual members of the professions who are in independent practice and are duly
registered as members of a professional organization,
whether itself a member or
not of the WUP, may be admitted
to the Union as observing members.
If the organization is a member of the Union, consent of the
organization is required for the member to be admitted with observer status.
Professionals may also be admitted as observing members if they practice in a country where
it is impossible for them to be registered with an
organization that is a member of the Union and/or practice is a country where there is no member
organization.
An observing member undertakes to uphold the
principles enunciated in the preamble
and Article 1 of the present statutes.
ARTICLE 5 -
ADMINISTRATION
The administrative organs of the
World Union of Professions are :
- the General Assembly
- the Executive Council
- the Chairman
ARTICLE 6 -
GENERAL ASSEMBLY
a)- The General Assembly is made
up of the active member organizations. Each of them
is represented by a Delegate whom it has designated and who may be accompanied by a maximum of two alternate Delegates.
Associate and corresponding members have a consulting vote in the General
Assembly.
"Observing members" may attend the General Assembly.
b)- The General Assembly is "convened at least once per year, under the conditions defined by the Internal Regulations.
c)- Each active member organization represented in the
General Assembly has one vote.
1. Decisions are made by a simple majority of the members present or represented by proxy and participating in the
vote.
2. Decisions concerning
ethics and the modification of the present statutes and the setting
of membership dues are made with a three fourth majority of the active
members present or represented by proxy, representing
at least half of the member organizations
dissenting opinions must be appended
to the minutes.
In case a proposed modification of
the statutes according to the preceding
paragraph is rejected by
vote, the Internal Regulations may
provide the possibility for
the Executive Council to convene a second meeting in
the course of which the decision may be made by a
simple majority of the members present or represented
by proxy and participating
in the vote.
3. The Internal Regulations may authorize a vote by correspondence,
in cases to be determined by these regulations and under the conditions stipulated
therein.
d)- The General Assembly has the following competence :
1. electing the
members of the Executive Council, and electing the
Chairman, by separate ballot ;
2. Appoint the Honorary Presidents
who take part in all of the deliberations
of the Executive Council and in all General Assemblies
as a non-voting member ;
3. pronouncing itself on the activities report of the Board
of Directors, on the accounts
and the budget ;
4. setting the amount of the membership fees ;
5. defining major policy of the Executive Council ;
6. modifying the
present statutes, upon consultation of the Advisory Committee ;
7. in general, making any decision conforming to the
present statute.
ARTICLE 7 - THE EXECUTIVE
COUNCIL
a)- The Executive Council comprises :
- the Chairman or
Chairwoman, elected by the General Assembly under separate ballot ;
- twenty
elected members - 10 seats being
reserved for representatives of inter-professional
organizations and 10 seats
for single-profession organizations.
b)- The Chairman or Chairwoman and the other
members of the Council elect from among
themselves :
- Eight
Vice-Chairmen or Chairwomen
- a General Secretary
- a Treasurer
These functions should, to the greatest extent possible, be shared out pro-rata between the two different categories of active
members.
c)- The Executive
Council meets at least twice
a year and in addition, whenever the Chairman or
Chairwoman deems it necessary
or if the majority of members petition for a meeting.
d)- Its deliberations are valid only if the majority of its
members is present.
The Internal Regulations may provide for, in the cases they define and according to the procedures specified therein, a vote by
correspondance or by any other
means of communication.
e)- Any decision will be made by simple majority
of the voting members.
In case of a tie, the vote of the
Chairman or, in his absence, the vote of the older of
Vice-Chairman shall decide.
f)- The Executive
Council has the following competence
:
1. carrying out the decisions of the General Assembly ;
2. reporting to the General Assembly
on the work accomplished and the initiatives adopted ;
3. establishing and modifying the
Internal Regulations ;
4. assisting the Chairman in carrying
out his functions and, more generally,
in the administration of the Union ;
5. deciding on the admission of
new members ;
6. transferring, if applicable, the Secretariat
to the city which is the seat of the organization to which
the acting Chairman belongs.
g)- The Chairman or
Chairwoman is elected for a period of two years. He or she may stand once for re-election.
The Executive Council is elected for a period
of four years.
h)- If the Chairman should become unable
to exercise his functions,
the position if filled by co-optation
by the Board of Directors until the next General Assembly.
In the same manner, other
vacant positions are filled by co-optation
until the next General Assembly.
The oldest Vice-Chairman
chairs the Board during the interim
periods until a new
Chairman is elected.
ARTICLE 8 -
THE CHAIRMAN OR CHAIRWOMAN
The Chairman or Chairwoman of the Union chairs the General Assembly and the Executive Council.
With the assistance of the Secretary General he or she supervises those working directly for the
Union, whether as paid employees or not. He puts to execution the decisions
of Assembly and Executive Council.
He leads
the Union an represents it with respect to third parties and before the
Courts.
ARTICLE 9 - D U
E S
a)- The amount of membership dues is decided every two years by the General Assembly. The amount takes into account the capacity to contribute financially of all of the active, associate,
corresponding or observing
members.
b)- Voting rights at the General Assembly and Executive Council, and also the right to stand
for an elected post of any nature whatever
within the Union, will be withheld if the membership dues of the organization concerned
are not fully up-to-date, both for the current year and previous years.
ARTICLE 10 - THE
HONORARY MEMBERS COMMITTEE
a)- Within the Union there exists a Committee of
Honorary Members composed of individuals who have personally agreed to lend their moral support to the Union and who have been
approved by the Board of Directors.
b)- The Board of Directors has full
powers to pronounce on admission to, or exclusion
from, the Committee of Honorary members, taking into consideration
the attachment shown by the
candidate for the values set out in the preamble and
Article 1 of the present Statutes, and as exemplified
by their professional conduct in the course of their
practice.
c)- Membership of the Honorary Members Committee entitles the Committee to make use of the member's name and entitles the member to make use of his or her membership of the Committee.
However, membership entitles neither the Union nor the member concerned to any other form of right nor entails them to any other form
of obligation.
ARTICLE 11 -
THE CHAIRMAN'S CONFERENCE
The Board, at its own initiative, and whenever it considers it opportune, may convene a Conference of all of the current
Chairmen and Chairwomen of active and associate member organizations.
The Conference is chaired by the
Union Chairperson.
Its aim is :
1ø)- To receive from the Chairman and from the General Secretary of
the Union a statement of the action undertaken by the Union since the previous
meeting.
2ø)- To define and draw up the major policy lines of the UMPL for the coming years.
ARTICLE 12 -
FINANCIAL SUPPORT
The financial support of the Union
comes from :
a)- membership fees
b)- gifts and
subsidies
c)- any other regular
or occasional resources.
ARTICLE 13 -
REGIONAL SECTIONS
a)- To take into account the concerns of individual regions of
the world and to study questions of particular interest to these regions, the active member organizations
may, within the World Union of Professions, constitute "Regional Sections" for the purpose of regrouping the members
located on a same continent or within a part of a
continent.
b)- These
"Regional Sections" must carry the name "... (geographic
designation of the area) ... Section of the World
Union of Professions".
c)- These sections
have no legal personality.
d)- The constitution
of a "Regional Section" is subject to approval
by the Board of Directors
and ratification by the General Assembly.
e)- The Regional
Sections have the purpose of studying
all questions concerning the region of the world in
which they are located and
to address any motion they
have formulated to the Board
of Directors or the General Assembly,
which must make a decision at their next meeting.
f)- Each
"Regional Section" is directed by a
Regional Council which is constituted according to the modalities determined by the Internal Regulations
and which will elect its Chairman.
ARTICLE 14 -
APPLICABLE LAW
These statutes are subject to French Law.
ARTICLE 15 - L A
N G U A G E S
These statutes are written in
English, French, German and Spanish.
In case of conflict, the French
version will be decisive.
ARTICLE 16 -
AUDITING OF ACCOUNTS
Every two years, two auditors, who are not members of the Board
of Directors, will be elected by the General Assembly. They will examine the accounts
of the Union each year and submit a written report to the General Assembly.
ARTICLE 17 -
TRANSITIONAL MEASURES
a)- Until the day on which scheduled elections can be held
in accordance with the current Statues, the Union
will be administered by the Chairman, Executive
Council and the Consultative Committee named in the previous version of the Statutes, as dated
April 1994.
b)- The election of the new
Chairman or Chairwoman and of the new Executive Council in accordance with the
present statutes will take place on April 17, 1998
during the General Assembly which will be held in Rio
de Janeiro, Brazil during the 3nd WUP Congress.
The election will take place in accordance with Article 4 of the Standing Orders, with the following reserves :
1. The period defined in Article 4.1 of
the Internal Rules is reduced to 2 (two) months.
2. The period defined in Article 4.3 is reduced to 1 (one) month. The
documents sent out under the terms of this article contain the ballot papers for use
by each of the active members.
3. The period defined in Article 4.7, paragraph 2 of the Standing Orders
is reduced to 8 (eight)
days.
All other dispositions of Article
4 of the Standing Orders remain
in force.
c)- As far as it is not departed
from by these statutes, Internal Rules are applicable, up to the next decision
of Executive Council about it.