Constitution of the Chinese Wild Bird Federation
Amended by the First Congress of the fourth General Assembly 17 Dec, 1995
Accepted by Ministry of the Interior, document number 8,573,18o 13 Jan, 1996
Article 12 amended by the Second Congress of the fourth General Assembly 16 March 1996
Articles 1, 11, and 12 amended by the First Congress of the Fifth General Assembly 15 March, 1997
Accepted by Ministry of the Interior, document number 8,612,396 18 April, 1997
Articles 17 and 18 amended by the First Assembly ad Interim of the Seventh General Assembly 18 Jan, 2003.
Articles 6 and 7 amended by the Second Congress of the Tenth General Assembly 19 April, 2008.
Chapter I: General Principles
Article I: The organization shall be officially known as the Chinese Wild Bird Federation of the Republic of China; more simply referred to as the Chinese Wild Bird Federation (hereafter referred to as the Federation).
Article II: The Federation aims to promote appreciation of the beauty of wild birds as well as ornithological research and conservation nationally and to improve national sentiment on the importance of protection of the natural environment. It also seeks to participate in activities and projects supported by international organizations which jointly maintain breeding populations of wild birds worldwide.
Article III: The Federation shall have its offices in the city where the central government of the Republic of China on Taiwan is located.
Article IV: The Federation is to be jointly composed of bird or ecology-related conservation groups which are registered nationally at the province-level, county-level, city-level and/or municipality-level.
Chapter II: Roles and Responsibilities
Article V: The Federation is tasked with the following:
1. Engage in the research, surveying, and conservation of wild bird species and their ecosystems.
2. Organize interesting and informative activities with the goal of promoting bird conservation.
3. Work with international academic institutions and government agencies as well as other organizations entrusted with wild bird research. The studies and surveys done will then be forwarded to the applicable bird conservation groups to use in the planning of their projects. Also, when applicable, pertinent parts of said studies or surveys will be forwarded to the appropriate regional or international bird conservation groups for use in their project and/or program planning.
4. Make recommendations to the government on measures that can be taken to protect wild birds and their ecosystems.
5. Assist other organizations or individuals working on education and outreach activities related to the conservation of wild birds and their ecosystems.
6. Promote international cooperation as it relates to the protection of wild birds and their ecosystems.
7. Draft, edit, and publish literature, articles, and other documents related to the conservation of wild birds and their ecosystems.
8. Coordinate visits by international bird conservation and related organizations and members of the international academic community to discuss issues related to conservation.
9. Assist the government to develop policies in line with the spirit of the law; assist the relevant authorities at all levels to create policies that are in line with legislative rules.
10. Actively take part in international organizations and related events which relate directly to the Federation.
11. Assist or subsidize member associations in order to improve organizational strength.
Chapter III: Membership
Article VI: Forms of Membership
1. Regular Membership: Any organization which has a focus on environmental conservation and is recognized by the central government can apply to become a member association (heretofore to be known as Member) of the Federation. The applicant organization must agree with the principles held by the Federation and once an application for membership has been submitted, the Board of Directors must vote on the applicant. If accepted, the applicant organization must then pay an entry fee. Once paid, in accordance with Article XII of the Charter, the new member association may then vote to select a representative who will represent it in handling Federation affairs. A Federation bylaw based on the Board of Directors’ review and voting procedures shall be stipulated at a later date.
2. Honorary Membership: This title is awarded to individuals who have made a special contribution to the Federation, helped to promote its development, or aided it in promoting better relations with related groups internationally. To vote on the admittance of an honorary member, over half of the General Assembly must be in attendance. Of this number, 2/3 of those in attendance must approve the candidate for them to be declared an honorary member.
3. Honorary Group Membership: This title is given to groups who, on a yearly basis, donate at least NT$50,000 per year to the Federation, or provide an equivalent amount in the form or materials required by the Federation to fulfill its mission. Approval by the Executive Board of Directors is all that’s required for the group to receive this title.
1. Members (Member Representatives) will hold the following rights:
A. The right to talk.
B. The right to propose items and vote.
C. The right to elect candidates and to be elected.
D. The right to recall elected officials.
E. Other rights.
2. Honorary members and honorary group members are not entitled to the rights of Members stated above.
Article VIII: Member Obligations
1. Abide by the constitution and its resolutions.
2. Pay membership fees to the Federation.
3. Other obligations.
Article IX: Should a Member (Member Representative) violate the Federation constitution, the resolutions passed, national laws, or do not comply with the decisions made by the General Assembly, the Member (Member representative) can be removed from the Federation by resolution of the General Assembly.
Chapter IV: The General Assembly
Article X: The Federation’s General Assembly, comprised of Members (Member Representatives) has the highest authority in the organization.
Article XI: The General Assembly will be convened by the president and the minutes will be recorded in order to report them back to relevant authorities and agencies for reference.
1. The General Assembly is convened every April.
2. An Assembly ad Interim can be convened if more than two-thirds of all members of the Board of Directors or the Supervisory Board or one-fifth of Members (Member Representatives) call for one. It must be held within one month of the General Assembly and convened by the president.
Article XII: The composition of delegates to the General Assembly aims to best represent the full membership of individual member associations. Each member association should send six delegates on its behalf, yet if the organization has over one hundred members, for each one hundred they can increase their delegate number by one. (All Members must appoint their delegates before the end of March so that the list of Member Representatives can be sent to the government for review).
Article XIII: Should a Member Representative not be able to attend the General Assembly, a document in writing must be submitted appointing another attending member of the delegation to fulfill the role, but each attending representative is limited to one alternative representative.
Article XIV: To convene the General Assembly, unless otherwise provided for in this Constitution, delegates must collectively number over half of those selected by the member associations to take part. However, to pass resolutions related to the following, agreement from two-thirds of the delegates is required:
1. Changes to the constitution.
2. The recall of a director or supervisor.
3. Delisting a Member (Member Representative)
4. The disposition of property.
5. Dissolving the organization.
6. Member rights and obligations.
Article XV: Powers and responsibilities of Members (Member Representatives) at the General Assembly:
1. The election of directors and supervisors.
2. The recall of directors and supervisors.
3. The development of and voting for constitutional amendments.
4. Budgetary review and auditing.
5. Question items discussed during the meetings held by the Board of Directors and the Board of Supervisors.
6. The review and implementation of the resolutions passed at the last General Assembly.
7. Make decisions on project plans for the Federation.
8. Discuss and decide on matters related to the rights and obligations of Members.
9. Craft responses to queries posed to the Federation by local bird and ecology-related groups; determine means to resolve issues related to the coordination and execution of conservation plans.
10. Decide on membership fees (including entrance fees and annual dues).
11. Resolve other important matters.
Chapter V: Organizational Structure and Staff
Article XVI: When the yearly General Assembly is not in session, the Board of Directors will be in charges of Federation affairs.
Article XVII: The Federation’s Board of Directors is comprised of twenty-nine individuals and divided into two categories:
1. Representative Directors—these directors are the presidents or appointed representative of member associations. These directors hold terms dictated by election laws created by the individual member associations.
2. Elected directors—these directors are selected from amongst the representatives. An additional five alternative directors are also selected in case those initially selected cannot fulfill the required duties. They serve for a period of two years.
3. One individual cannot hold both of the positions listed above.
1. The Board of Directors will hold a vote and choose seven members to serve on the Board of Executive Directors and later choose the Federation’s president from amongst the Executive Directors. The president serves a term of two years and may only be re-elected once.
2. The president of the Federation has charge over the internal and external affairs of the Federation. Should the president be unable to finish their term, one of the members of the Board of Executive Directors will be selected to finish out the term for them.
3. When there is no Board of Directors meeting planned but a serious issue arises, the president can call a meeting of the Board of Executive Directors.
Article XIX: Members of the Board of Directors serve for a term of two years and can be re-elected, but receive no pay for their services.
Article XX: The full Board of Directors must meet at least once every six months, and their meeting must be convened by the president. A meeting can also be called by the president or if more than half of the Board of Directors feel one is needed or at the request of the Board of Supervisors.
Article XXI: For a Board of Directors meeting to be convened, over half of the members must be in attendance. Resolutions can be passed via majority vote. Also, should the president be unable to preside over the proceedings, a member of the Executive Board of Directors may take their place.
Article XXII: The powers and responsibilities of the Board of Directors are as follows:
1. Review applications for new members.
2. Convene the General Assembly and implement approved resolutions.
3. Elect Executive Directors and the president.
4. Approve the appointment of the Federation’s Secretary-General; consent to their dismissal.
5. Prepare the Federation’s annual work plan, budget, and final account numbers.
6. Implement the suggestions provided by the Federation’s Board of Supervisors.
7. Execute resolutions passed and implement suggestions made during the General Assembly.
8. Decide other important matters.
9. Investigate the membership fee and adjust it as suggested by Members (Member Representatives) at the General Assembly.
Article XXIII: The Federation may, based on the recommendation of the Board of Directors, hire advisors to council the Federation on certain issues.
Article XXIV: The Board of Directors can also approve the establishment of committees in order to investigate certain issues for the Federation. The Federation bylaw for committees shall be stipulated and submitted to relevant government agencies for approval.
Article XXV: The Federation shall establish a Secretariat and appoint a Secretary-General and a certain number of professional staff members. The Secretary-General must be nominated by the president and approved by the Board of Directors. The plans and actions being undertaken by those under the direction of the Secretary-General are to be recorded and presented to relevant organizations and agencies.
Article XXVI: The Secretary-General is to be under the direct guidance of the president, and coordinate staff to accomplish specified plans and projects. They should also attend meetings held by the Board of Directors, the Board of Supervisors, and the General Assembly, preparing reports to discuss progress as well as recent developments within the Secretariat.
Article XXVII: The Federation’s Board of Supervisors is comprised of seven members who are elected from the Members (Member Representatives) taking part in the General Assembly. An additional alternative supervisor will also be selected. The seven individuals on the Board of Supervisors will then select one person to serve as Executive Supervisor.
Article XXVIII: Supervisors serve for a period of two years and can be re-elected but receive no pay for their services.
Article XXIX: The Board of Supervisors must hold a meeting once every six months and it must be convened by the Executive Supervisor. To hold a meeting, over half of the supervisors must be in attendance. To pass a resolution, it must receive a majority vote.
Article XXX: The powers and responsibilities of the Board of Supervisors are as follows:
1. Election of the Executive Supervisor.
2. Supervision and inspection of Federation affairs.
3. Review of the Federation’s annual budget and final accounts.
4. Monitoring of Federation finances and property.
5. Handling of disciplinary issues.
6. Providing suggestions to the president and Federation staff members on how to improve effectiveness and quality.
7. Report findings to the General Assembly.
Article XXXI: Those serving as directors or supervisors will be dismissed from their posts and those selected as alternatives will be called upon to take their place in case of one of the following scenarios:
1. Forfeiture of position.
2. The individual’s dismissal is approved by a resolution passed by the Board of Directors or the Board of Supervisors.
3. The individual is recalled or dismissed.
4. If the individual receives a sentence of punishment which will last over half of their tenure.
Article XXXII: In the event of an extraordinary circumstance, the Board of Directors and the Board of Supervisors can call a joint meeting which must then be convened by the president. However, should the president be unable to convene the meeting, the responsibility will fall to one of the Executive Directors.
Article XXXIII: Neither members of the Board of Directors nor members of the Supervisory Board are allowed to work as staff members for the Federation.
Chapter VI: Membership Fees
Article XXXIV: Federation funding is comprised of the following:
1. Membership fees: These amounts are standard and approved by the Board of Directors:
A. Admission fee.
B. Annual dues.
2. Fund Yields
3. Member donations
4. Commissions for projects
5. Other income
Article XXXV: The Federation’s fiscal year begins on January 1 and finishes on December 31 of the same year.
Article XXXVI: Two months before the start of a new fiscal year, the Federation must begin work on the Board of Directors work plan and budget estimates and employee salary table. It must be approved by the General Assembly (Should the General Assembly not meet to approve it before the deadline, it can be first approved during a joint meeting of the Board of Directors and the Board of Supervisors) so that in the beginning of the year it can be reported to government agencies and authorities. Within the last two months of the year, the Board of Directors must also create its annual report detailing its projects, income and expenditures balance sheet, cash-register statement, balance sheet, property catalogs and fund balance sheet. This information must be provided to the Board of Supervisors for inspection. The Supervisors will then check the documents and prepare a response with suggestions and opinions that will then be presented to the Board of Directors and the General Assembly as well as being sent to government authorities and agencies for approval before the end of March (should the General Assembly fail to convene as scheduled, it should be sent to government authorities first to fulfill the law).
Article XXXVII: The Federation headquarters cannot be sold or mortgaged or used in a manner by which to raise funds for the Federation.
Article XXXVIII: Should the Federation be dissolved, the relevant government agencies will be informed and the Federation’s property will fall under the control of either government agencies or a government-appointed organization.
Chapter VII: The Federation Insignia
Article XXXIX: the Federation’s insignia was decided upon after public consultation and a vote by the General Assembly.
Article XL: The Federation’s insignia should only be worn by Federation members, full-time staff, supervisors, and those executing projects on behalf of the Federation. All other uses should first be approved by the Federation.
Article XLI: The Federation’s insignia has been trademarked and registered and has been permitted to be placed on items and products sold by the Federation. Without the permission of the Board of Directors, no others are allowed to use the Federation insignia without facing a penalty.
Chapter VIII: Implementation and Changes to the Constitution
Article XLII: Constitutional Rules are strictly enforced by the Board of Directors.
Article XLIII: As it is legally registered, amendments to the constitution must come in the form of one of the following:
1. The proposal must come from one-fifth of the Member Representatives when at least half the Member Representatives are in attendance and over three-fourths of Member Representatives must approve it.
2. Should three-fourths of the Board of Directors agree upon an amendment, yet during the General Assembly the delegates feel that alteration is necessary, half of all the delegates must be present and three-fourths must agree on the change.
3. If two-thirds of the entire membership agree to the change in writing.
Article XLIV: Since the original constitution was adopted by the General Assembly and then submitted to government authorities and agencies for promulgation and implementation, any changes to it must also go through the same process.