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Plurinational Federation Constitutional Amendment Act, 1762

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Plurinational Federation Constitutional Amendment Act, 1762

14th Cortes Federales
Long title An Act to amend the Proclamation of Punta Santiago to recognize Nouvelle Alexandrie as a plurinational federation, to provide for laws of norms and customs within the framework of federal law, and to add the Yukiyu Atabey faith to the native religions of the Federation; among other purposes.
Bill Number FA-1762-02
Introduced by Deputy Mayani Guacanagari (WPP)
Extent Entire Federation of Nouvelle Alexandrie
Dates
Bill Status Proposed
Date introduced 1762 AN
Last updated 1762 AN
Other legislation
Amendments None
Related legislation

The Plurinational Federation Constitutional Amendment Act, 1762 (Alexandrian: Loi d'amendement constitutionnel sur la Fédération plurinationale, 1762; Martino: Ley de Enmienda Constitucional de la Federación Plurinacional, 1762; Wechua: Achka Llaqtakunayuq Federaciónpaq Hatun Kamachiy Tikray Kamachiy, 1762) is proposed legislation of Nouvelle Alexandrie introduced in the 14th Cortes Federales by Deputy Mayani Guacanagari of the Wakara People's Party. The bill would amend the Proclamation of Punta Santiago to declare the Federation a plurinational federation of ten named peoples, commit it to laws of norms and customs within the framework of federal law, and add the Wakara faith of Yukiyu Atabey to the native religions that receive federal subsidies. It takes up a proposal that Guacanagari introduced in 1727 AN, 1729 AN and 1735 AN, and her party listed a similar measure in the 12th Cortes Federales in 1750 AN.[1][2]

Background

Guacanagari first brought the plurinational amendment before the Cortes in 1727 AN. She reintroduced it in 1729 AN and again in 1735 AN; the 1735 AN version is the text on record.[1] The 1735 AN text declared the Federation a plurinational federation of the Alexandrian, Wechua, Caputian, Natopian, Babkhi, Ladino, Wakara, Haifan, Leones and Mala'anje peoples and committed it to "norms and customs" laws under which those peoples could keep their traditional systems of governance within federal law. Its long title described the measure as reinforcing "the Unity and Indivisibility of the Federation".[1] In the 12th Cortes the Wakara People's Party listed a measure of similar title, the Plurinational Constitutional Amendment and Application Act, 1750 AN, among its bills.[3] None of the bills of 1727 AN to 1735 AN came to a vote.[4]

At the 1750 Hato Rey Conference, according to participants, three deputies of the CGA, Beatriz Daguao, Marco Colón and Tessa Ramirez, advised Fred Strong that the Federal Humanists should consider supporting key WPP initiatives, the 1735 AN bill above all.[5] At a side meeting, Ignacio Perez y de Pauta of the Federal Humanist Party's Regional Sector Party counseled that recognizing "traditional governance systems within the framework of federal law" would be a recipe for legal anarchy, "neither coordinated nor harmonious".[5]

The Federal Accord coalition agreement, 1759 made passage of the amendment a shared commitment of the parties of the Federal Accord. Its section on Boriquén and the plurinational federation notes that the WPP first proposed the amendment in 1727 AN.[2] At the opening of the 14th Cortes, Sinchi Roca II told the Cortes that "we are many peoples who have chosen one another" and that the Government "will defend the right of each to govern what is its own".[6]

Two events in 1761 AN bear on the 1762 AN text. The Interfaith Dialogue Council admitted the Wakara faith of Yukiyu Atabey, which has about nine million adherents and is led from Guánica by the Bohique Supremo. Guacanagari said at the time that "it is right that their faith now sits at the Federation's table". The same report noted that whether the faith should join the native religions under Article 14 of the Proclamation was a separate question.[7][8] Article 14(4) names only the Melusinian, Alexandrian, Intian, Zurvanite and Ladino faiths.[9] The Government's Wakara Language and Culture Protection Act, 1761 left the constitutional status of the Wakara people and any question of self-government outside its scope.[10]

Under Article 56(3) of the Proclamation, a bill amending the Proclamation passes only with at least two-thirds of the votes cast, and the amendment takes effect once the Federal Assembly ratifies it as provided by law. Article 56(5) places the form of government and the establishment of the Federation beyond revision.[9]

Key provisions

The Act inserts a new paragraph 6 into Article 1 of the Proclamation, after the paragraph that charges the Government with promoting the cultural diversity of the Federation. The new paragraph declares Nouvelle Alexandrie a plurinational federation, names the ten peoples listed in the 1735 AN bill, and binds the Federation to uphold laws of norms and customs within the framework of federal law, in wording that follows the 1735 AN text. Boriquén already governs much of its own affairs.[2] The Region of Boriquén has its own high court, the Tribunal de los Bohiques, made up of the Bohique Supremo and eight Bohiques Magistrados, above cacicazgo and yucayeque courts, and a legislature of 425 Nitainos, the Areyto Legislativo.[11]

Article 14(4) is amended to add the Yukiyu Atabey faith to the native religions that receive special financial subsidies from the Federation. The Wakara Identity Act, 1724 already created a Wakara Spiritual Institute as a research institute and repository for Wakara spiritual practices.[12]

The savings article provides that nothing in the Act alters the form of government, the establishment of the Federation, or the unity and indivisibility of the Federation. The phrase on unity and indivisibility repeats the long title of the 1735 AN bill. Under Article 6(2) of the Act, a law of norms and customs has effect only within the framework of federal law and is subject to the Proclamation. The status of every language stays a matter for statute.

Article 7 rests the Act on Article 56(3) of the Proclamation. Article 8 splits commencement in two: the Act takes force on Royal Assent, and the amendments to Articles 1 and 14 take effect when the Federal Assembly ratifies them under Article 56(3).

Provisions in outline

Structure of the Act
Part Articles Subject
I 1 to 3 Citation, definitions, purpose
II 4 to 6 Amendments to Articles 1 and 14 of the Proclamation; savings
III 7 and 8 Constitutional basis; commencement and severability

Legislative progress

Legislative progress
Stage Date Chamber Action Votes (Y-N-A) Details
1 1762 AN Federal Assembly Introduction - Introduced by Deputy Mayani Guacanagari (WPP)
2 pending Federal Assembly Committee report -
3 pending Federal Assembly Final division - Requires at least two-thirds of the votes cast under Article 56(3) of the Proclamation
4 pending Chamber of Peers Concurrence -
5 pending - Royal Assent - Sinchi Roca II

Bill as submitted to the Hopper of the Federal Assembly, 1762 AN

Plurinational Federation Constitutional Amendment Act, 1762

THE READING OF
A
BILL
TO
amend the Proclamation of Punta Santiago to recognize Nouvelle Alexandrie as a plurinational federation, to provide for laws of norms and customs within the framework of federal law, and to add the Yukiyu Atabey faith to the native religions of the Federation; among other purposes.

Plurinational Federation Constitutional Amendment Act, 1762

Presented by Deputy Mayani Guacanagari, WPP
Ordered, by the Cortes Federales of Nouvelle Alexandrie,
to be Printed, 1762 AN.

BE IT ENACTED by the King's Most Excellent Majesty, by and with the advice and consent of the Cortes Federales, in this present session assembled, and by the authority of the same, as follows:-


PART I
GENERAL PROVISIONS

Article 1: Citation.

  1. This Act may be cited as the "Plurinational Federation Constitutional Amendment Act, 1762".

Article 2: Definitions.

  1. In this Act:
    1. "law of norms and customs" means a law, made or recognized under federal law, under which a people named in Article 1(6) of the Proclamation maintains its traditional system of governance;
    2. "the Proclamation" means the Proclamation of Punta Santiago.

Article 3: Purpose.

  1. The purpose of this Act is to recognize in the Proclamation that the Federation is one state made up of many peoples, and to give the Yukiyu Atabey faith the protection the Proclamation gives to the native religions of the Federation.

PART II
AMENDMENTS TO THE PROCLAMATION OF PUNTA SANTIAGO

Article 4: Plurinational federation.

  1. A new Article 1, Paragraph 6 is inserted into the Proclamation after Article 1, Paragraph 5, as follows: "The Federation of Nouvelle Alexandrie is a plurinational federation. The Federation recognizes the distinct and diverse national identities of the Alexandrian, Wechua, Caputian, Natopian, Babkhi, Ladino, Wakara, Haifan, Leones, and Mala'anje peoples, and shall uphold laws of norms and customs under which these peoples may maintain their traditional systems of governance within the framework of federal law."

Article 5: Native religions of the Federation.

  1. Article 14, Paragraph 4 of the Proclamation is amended as follows: "The Melusinian, Alexandrian, Intian, Zurvanite, Ladino, and Yukiyu Atabey faiths shall receive special financial subsidies from the Federation, determined by law, as the native religions of the Federation."

Article 6: Savings.

  1. Nothing in this Act, or in Article 1, Paragraph 6 of the Proclamation as inserted by this Act, alters:
    1. the form of government of the Federation under Article 1, Paragraph 3 of the Proclamation;
    2. the establishment of the Federation, which Article 56, Paragraph 5 of the Proclamation places beyond revision; or
    3. the unity and indivisibility of the Federation.
  2. A law of norms and customs has effect only within the framework of federal law and is subject to the Proclamation.
  3. Nothing in this Act alters the status of any language of the Federation, which remains a matter for statute.

PART III
CLOSING PROVISIONS

Article 7: Constitutional basis.

  1. This Act is enacted under Article 56(3) of the Proclamation of Punta Santiago.
  2. This Act must not be passed unless it obtains at least two-thirds of the votes cast in the Federal Assembly.

Article 8: Commencement and severability.

  1. This Act comes into force on receiving the Royal Assent.
  2. The amendments made by Articles 4 and 5 take effect on the day the Federal Assembly ratifies them under Article 56(3) of the Proclamation.
  3. This Act must be published in the Gazette within seven days beginning with the day of the Royal Assent.
  4. If a provision of this Act is held to be invalid, the remaining provisions continue in force.

Amendments

No amendments to date.

Voting record

Under the Federal Accord coalition agreement, 1759 the parties of the Federal Accord, together holding 448 of the 801 seats, are committed to passing the bill.[2] As an amendment to the Proclamation it requires at least two-thirds of the votes cast; with all 801 Deputies voting, that is 534 votes, 86 more than the coalition holds.[9]

Federal Assembly, 1762 AN (to be completed)
Political party Yes No Abstain/absent Total % Support
Federal Humanist Party Federal Humanist Party 293
Democratic Socialist Party Democratic Socialist Party 232
Civic Governance Alliance Civic Governance Alliance 95
Federal Consensus Party Federal Consensus Party 93
Independents 50
Wakara People's Party Wakara People's Party 28
Republican Party of Oportia Republican Party of Oportia 10
Total 801

See also

References

  1. ^ a b c Plurinational Federation Constitutional Amendment Act, 1735.
  2. ^ a b c d Federal Accord coalition agreement, 1759.
  3. ^ 12th Cortes Federales.
  4. ^ The Alliance, Civic Governance and Consensus parties sign the coalition agreement required to form a government.
  5. ^ a b 1750 Hato Rey Conference.
  6. ^ The Federal Accord takes power as the King opens an enlarged 14th Cortes.
  7. ^ The Interfaith Dialogue Council admits the Wakara faith of Yukiyu Atabey two years after the Colloquy of the Faiths seated it.
  8. ^ Yukiyu Atabey.
  9. ^ a b c Proclamation of Punta Santiago.
  10. ^ Wakara Language and Culture Protection Act, 1761, Article 4.
  11. ^ Boriquén.
  12. ^ Wakara Identity Act, 1724.
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