Proclamation of Punta Santiago
|Original Title:||The Proclamation of Punta Santiago:|
A Union of Alduria and Wechua
|Date effective:||12.XV.1685 AN|
|Signatories:||28 Signatories, the Sapa Wechua,|
and the interim President of Alduria
|Purpose:||To establish the Alduro-Wechua Federation.|
The Proclamation of Punta Santiago is the document by which the Alduro-Wechua Federation was officially proclaimed and established by the Committee for Aldu-Wechu Integration (CAWI) after it was ratified by the governments and legislatures of Alduria and the Wechua Nation.
The Proclamation, with its stress on clearly written and accessible law, serves as the founding document of the Federation. It is a major step in replacing the previous patchwork of laws from both nations and establish a new body of laws and regulations to keep the Federation united. It is the supreme document of the current transitory governance. It was drafted by a group of politicians (advised by technocrats, diplomats, constitutional experts, and regional political leaders) that met at Government House in the city of Punta Santiago, Alduria. Over the course of 48 days, the drafters refined and debated draft after draft before it was presented to the Committee for final approval. The main drafters of the Proclamation during the meetings in Alduria were Vicaquirao Alvarez, Alejandro Campos, Jean Brown, Vivienne Géroux, Mahdi Vossoughi, Illa Motocanchi, and Phillip Costa.
Some Raspur Pact nations sent diplomatic delegates and advisors to the meetings at Government House, sometimes providing input and advice when asked by the Committee. The most prominent of these envoys were the Titular Emperor of Alexandria Francis Joseph IV, the Natopian Chancellor Ernesto de la Cruz, and the Autokrator Primo de Aguilar. Riksamiraler Wilhelm Wartensleben represented the Keltia Command of the Raspur Pact and was consulted with regards to practical matters concerning the defence and security arrangements of the new union. Sanama was represented by a delegation of diplomats led by experienced public servant and Ambassador to Alduria Padric Shallowwood. Shireroth sent its crown prince, Prince Kir, while Elwynn dispatched Taline Darbinyan from the Commission of Foreign Affairs to represent the Court of the Prince. The arrivals of high profile foreign leaders and diplomats lent further legitimacy and popularity to the nascent Federation. Arrivals were often accompanied by much public fanfare, driving crowds out along the route to Government House with flags, confetti, and welcome signs.
At a special ceremony held at the Imperial Constancian Embassy at Punta Santiago, the Autokrator of Constancia took the opportunity to invest both the Titular Emperor of Alexandria Francis Joseph IV and Prince Kir as Grand Knight Commander of the Order of the Royal Blood, while Vicaquirao Alvarez, Alejandro Campos, were both invested as Grand Knight Commander of the Order of the Great Kingdom of Constancia, while Riksamiraler Wilhelm Wartensleben, Sanaman Ambassador to Alduria Padric Shallowwood, and Taline Darbinyan from the Commission of Foreign Affairs of Elwynn were all invested as Knight Commander of the Order of the Great Kingdom of Constancia.
The Proclamation of Punta Santiago and the interim government were renewed for up to two more years in early 1687 AN by the Federal Constituent Assembly with widespread support. The Federal Constituent Assembly went ahead and instead of drafting a new Constitution, it revised and reissued the Proclamation of Punta Santiago, which received wide support in the Assembly. The final and official version of the Proclamation of Punta Santiago was finalized in 1689 AN and sent to the voters of Alduria-Wechua to be ratified in a referendum in the same year, coinciding with the Alduro-Wechua general election of 1689.
- 1 Overview
- 2 Content
- 2.1 Preamble
- 2.2 Chapter I: The Alduro-Wechua Federation
- 2.3 Chapter II: Rights and Liberties of the People
- 2.4 Chapter III. Government of the Alduro-Wechua Federation.
- 2.5 Chapter IV. Transitional Provisions and Appointments
- 2.6 Chapter V. Bills of Approval
- 2.7 Signatures
- 2.8 Schedules
- 3 Transitional Government of the Federation
- 4 Future
- 5 See also
Chapter I: The Alduro-Wechua Federation
Article 1. Establishment of the Federation
- The Republic of Alduria and the Tawantinsuyu, hereafter referred to as the Wechua Nation, shall be one sovereign and united Federation of equal, autonomous, united, and protected Regions;
- The Regions shall be Alduria, the Wechua Nation, Santander, Valencia, Federal Capital District, Isles of Caputia, North Lyrica, South Lyrica, and New Luthoria.
- The Federation shall guarantee the Regions their territory, and their sovereignty within the limits set forth in this Proclamation, their respective regional constitutions, the constitutional rights of the citizens, as well as the rights and prerogatives conferred upon the authorities by the people.
- New Regions may be created or admitted to the Federation by the consent of the Federation and of the government of the Regions to be admitted. No new Regions shall be erected or created from the existing territory that the Regions retain.
- The Regions are bound to request the Federation to guarantee their constitutions. This guarantee shall be afforded provided that these constitutions contain nothing inconsistent with the Proclamation of Punta Santiago and the laws of the Federation and that they ensure the exercise of political rights according to representative or democratic forms.
- All separate alliances and all treaties of a political nature between Regions are prohibited. Regions may, however, conclude agreements among themselves concerning matters of legislation, justice and administration, provided they bring such agreements to the notice of the federation, which is entitled to prevent the execution of the agreements if they contain anything contrary to the Federation or the rights of Regions. If this is not the case, the contracting Regions may request the cooperation of the federal authorities for the execution of such agreements.
- The Federation alone has the right to declare war and to make peace, as well as to conclude agreements, alliances, and treaties, especially customs and commercial treaties, with foreign states.
- The national territory of the Alduro-Wechua Federation shall comprise the areas defined in Schedule I of this Proclamation.
- The national flag, anthem, coat of arms, seal, and colors of the Federation shall be determined by Decree of the King, with the consent of the Council of State, by proclamation in the Federal Gazette.
- This Proclamation shall be the supreme law of the Federation and any law or act inconsistent with its provisions shall, unless otherwise provided expressly or by necessary implication in this Proclamation, be of no force and effect to the extent of the inconsistency.
- This Proclamation shall bind all legislative, executive, and judicial organs of state at all levels of government.
- The law is the basis for and limitation of state activity. State activity must be in the public interest and proportional.
- For the assignment and fulfillment of the functions of the state, the principle of subsidiarity must be observed.
- Every person is responsible for themselves and advances, according to their abilities, the goals of the Federation and society.
Article 2. Languages of the Federation
- Wechu, Alexandrian, Martino, Babkhi, Baatharzi, Hammish, Haifan, Ladino, Natspeak, and Istvanistani shall be the official languages of the Alduro-Wechua Federation at the national level and conditions shall be created for their development and for the promotion of their equal use and enjoyment.
- An independent Board of Federal Languages is established under the Department of Culture and Sports to promote respect, preservation, study, and development of the official Alduro-Wechua languages and any other languages used by communities and religions in Alduria-Wechua.
Article 3. Alduro-Wechua Citizenship and Franchise
- There shall be an Alduro-Wechua citizenship, held by all the current citizens of Alduria and the Wechua Nation and their descendants, with its acquisition, loss, and restoration being established by the laws of the Federation.
- Every person who is an Alduro-Wechua citizen shall be entitled to enjoy all rights, privileges, and benefits of citizenship, and shall be subject to all duties, obligations, and responsibilities of citizenship as are accorded or imposed upon him or her in terms of this Proclamation or the laws of the Federation.
- All persons that can prove Wechua, Alexandrian, or Caputian descent are entitled to Alduro-Wechua citizenship by graces, to be regulated by the laws of the Federation.
- The following persons shall be entitled to vote in all the elections held in the Federation, a regional legislature, or a local government and in referenda or plebiscites, in accordance with and subject to the laws regulating such elections, referenda, and plebiscites as follows:
- an Alduro-Wechua citizen;
- not such a citizen but who in terms of the laws of the Federation has been accorded the right to exercise the franchise;
- of or over the age of 18 years; and
- not subject to any disqualifications as may be prescribed by law.
- Persons residing in the Federation who hold citizenship in any of the nations belonging to the Raspur Pact are granted the opportunity to claim Alduro-Wechua citizenship if they so request it, as established by the laws of the Federation.
Chapter II: Rights and Liberties of the People
Article 1: Basic Rights
- Human dignity is to be guaranteed and affirmed to all persons who reside or work in the Federation.
- All persons in the Federation are equal before the law and shall have the right to life and liberty. The death penalty is prohibited in the Federation.
- Nobody in the Federation may be discriminated against, namely for their origin, race, sex, gender, sexual orientation, age, language, social position, way of life, religious, philosophical, or political convictions, or because of a corporal or mental disability.
- Every person in the Federation has the right to personal liberty, namely to corporal and mental integrity and freedom of movement. Torture and any other form of cruel, inhuman, or degrading treatment or punishment are prohibited.
- No person in the Federation shall be subject to servitude or forced labor.
- Men and women have equal rights. The law provides for legal and factual equality, particularly in the family, during education, and at the workplace. Men and women have the right to equal pay for work of equal value.
- This article shall not preclude measures designed to achieve the adequate protection and advancement of persons or groups or categories of persons disadvantaged by unfair discrimination, in order to enable their full and equal enjoyment of all rights and freedoms.
- Every person shall have the right to freedom and security of the person, which shall include the right not to be detained without trial. Every person has the right to equal and fair treatment as well as adjudication within a reasonable time. Court hearings and renderings of judgments are public. The law of the Federation may provide for special exceptions.
- The Federation, as well as the Regions in their own local responsibilities, provides for measures to eliminate disadvantages of disabled people.
- Every person has the right to be treated by the institutions of the Federation without arbitrariness and in good faith.
- Children and adolescents have the right to special protection of personal integrity and to the promotion of their development. They exercise their rights according to their capacity to discern.
- Whoever is in distress without the ability to take care of themselves has the right to seek and secure help indispensable for a life led in human dignity.
- Every person has the right to respect for his or her private and family life, home, and secrecy of mail and telecommunication. Every person has the right to be protected against the abuse of personal data.
- The rights to marriage and family are guaranteed for all persons.
- The freedom of faith and conscience is guaranteed. Every person has the right to freely choose their religion or non-denominational belief and to profess them alone or in community with others.
- Every person has the right to join or belong to a religious community and to receive religious education. No person may be forced to join a religious community, to conduct a religious act or participate in religious education.
- The freedom of opinion and information is guaranteed. Every person has the right to form, express, and disseminate his or her opinions freely.
- Every person has the right to receive information freely, to gather it from generally accessible sources, and to disseminate it.
- The freedom of the press, radio, and television, as well as all other forms of public broadcasting of productions and information, is guaranteed. Censorship is prohibited. Editorial secrecy is guaranteed.
- The right to sufficient and free primary education is guaranteed.
- The freedom of scientific research and teaching is guaranteed.
- The freedom of art is guaranteed.
- The freedom of assembly and association is guaranteed. Every person has the right to organize assemblies, to participate in or to abstain from them. Every person has the right to form associations, to join or to belong to them, and to participate in their activities. Nobody may be forced to join or to belong to an association.
- Citizens of the Federation have the right to establish domicile anywhere within the Federation. They have the right to leave or to return to Alduria-Wechua.
- Citizens of the Federation may not be expelled from the country, but they may be extradited to a foreign authority only under the consent of the Council of State of the Federation.
- Refugees may not be removed by force or extradited to a state in which they are persecuted.
- Nobody may be removed by force to a state where he or she is threatened by torture or other means of cruel and inhuman treatment or punishment.
- Property is guaranteed. Expropriation and restrictions of ownership equivalent to expropriation are fully compensated.
- Economic freedom is guaranteed. It shall entail the free choice of profession as well as free access to and free exercise of private economic activity.
- Employees, employers, and their organizations have the right to unionize for the protection of their interests, to form unions, and to join or refrain from joining them. Conflicts ought to be settled by negotiation and mediation as far as possible. Strike and lockout are permitted, provided they concern labor relations and do not violate any obligation to keep labor peace or to resort to conciliation.
- The law may prohibit strikes by certain groups of persons.
- Fundamental rights have to be effectuated throughout the entire legal system.
- Whoever exercises a state function is bound to the fundamental rights and obliged to contribute to their implementation.
- The authorities ensure that fundamental rights, as far as they are suitable, also become effective among private parties.
Article 2. General Judicial Guarantees
- Every person lacking the necessary means has the right to free legal assistance, provided the case does not seem to lack any merit. To the extent necessary for the protection of one's rights, the person also has the right to free legal counsel.
- Every person has the right to have legal disputes decided by the judicial authority. The Federation and the Regions may, in exceptional cases, exclude judicial proceedings.
- Every person subjected to civil action has the right to have the case adjudicated by the court of their domicile. The laws of the Federation may provide for another venue.
- Every person has the right to a fair trial before an impartial judicial authority.
- A person may only be deprived of his or her liberty in the cases and following the forms provided by laws of the Federation.
- Every person deprived of his or her liberty has the right to be informed promptly, in a language which they understand, of the reasons for their arrest and of their rights. The person has to have the opportunity to assert their rights. In particular, they have the right to have their close relatives, legal counsel, and emergency contacts informed.
- Every person taken into pretrial detention has the right to be brought before a judge without delay; the judge decides whether the person remains in detention or is released. Every person held in pretrial detention is entitled to trial within a reasonable time.
- Every person deprived of their liberties without a trial is entitled to access to a court at any time. The court decides as soon as possible on the lawfulness of the detention.
- Everyone is to be presumed innocent until sentenced according to law.
Article 3. Political Rights
- Every person has the right to address petitions to authorities; no disadvantages may arise from using this right. The proper authorities have to take cognizance of petitions.
- The political rights of the people of the Federation are guaranteed.
- The guarantee of political rights protects the free formation of opinion by the citizens and the unaltered expression of their will in ballots.
- Fundamental rights have to be effectuated throughout the entire legal system.
- The Federation regulates the exercise of political rights in federal matters; the Regions regulate the exercise of these rights in regional and municipal matters.
- Political rights are exercised at the domicile. The Federation and the Regions may provide for exceptions.
- No person may exercise political rights in more than one Region or in more than one multiple subunits of local government in the Federation.
- The Regions may provide that new residents exercise their political rights in regional and municipal matters only after a waiting period of up to one AN year following their taking of residence.
Article 4. Alduro-Wechua Citizens Living Abroad
- The Federation supports relations among Alduro-Wechua citizens domiciled abroad as well as their links with their respective families, heritages, and acquaintances in the Federation. The Federation may support public and private organizations, regulated by the laws of the Federation, to pursue this goal.
- The Federation adopts rules on the rights and duties of Alduro-Wechua citizens abroad, in particular regarding the exercise of political rights on the federal level, on the duty to render military or substitute service, on welfare, and on social security.
Article 5. Social Goals of the Federation
- The Alduro-Wechua Federation, including its Regions and subunits of local governance, and adding private responsibility and private initiative, establishes a basic and dignified standard of living for the people of the Federation through the establishment of Social Goals.
- It shall be the Social Goals of the Federation, in addition to those established by the laws of the Federation, to ensure:
- every person shares in social security and national solidarity funds;
- every person, for their health, receives the necessary care;
- families as communities of adults and children are protected and supported;
- workers can sustain their living through work under adequate conditions;
- people looking for housing can find for themselves and for their family adequate housing at acceptable conditions;
- children and youths, as well as people of working age, can further their education and training according to their abilities;
- children and youths are encouraged in their development to become independent and socially responsible persons and are supported in their social, cultural, and political integration.
- The Federation and the Regions are working towards the goal that every person is insured against the economic consequences of old age, disability, illness, accidents, unemployment, maternity, orphanhood, and widowhood.
- The Federation and the Regions shall achieve the social goals within their proper constitutional competencies and with the resources available to them.
- The Alduro-Wechua Federation, including its Regions and subunits of local governance, shall ensure that every person is insured against the economic consequences of old age, disability, illness, accidents, pandemics, unemployment, maternity, orphanhood, and widowhood.
- No claim to any assistance or subsidy from any level of government can be made except from a social goal, as defined by this Article and further regulated by the laws of the Federation.
Article 5. Limitations of Fundamental Rights
- Limitations of fundamental rights require a basis in law. Serious limitations have to be expressly provided for in a statute. Cases of clear and present danger not to be avoided by other means are exempt.
- Limitations of fundamental rights have to be justified by public interest or by the protection of fundamental rights of others.
- Limitations have to satisfy the principle of proportionality.
- The essence of fundamental rights is inviolable.
Chapter III. Government of the Alduro-Wechua Federation.
Article 1. Authorities of the Government
- The supreme executive authority shall be vested jointly on the King of the Federation, as head of state, and the Council of State, as head of government.
- There shall be a President of the Government, who shall serve as the chairperson of the Council of State, and shall be granted executive powers that cannot be used without the approval of the Council of State.
- The legislative authority of this Federation, subject to this Proclamation, shall be vested in the Federal Constituent Assembly, which shall have the power to make laws and draft a Constitution for the Federation.
- The judicial authority of this Federation shall be vested in the Federal Supreme Court, and in such inferior courts as the Federation may establish by law.
- The Federal Constituent Assembly shall continue for one AN year as from the date of its first sitting under this Proclamation. It can only be extended by the Resolution of the Federal Constituent Assembly.
- The Council of State shall be the administrative and governing authority of the Federation and shall be composed of twelve Federal Secretaries, in addition to the President of the Government, as follows:
- Department of State (who shall automatically serve as Vice-President of the Government);
- Department of the Interior;
- Department of Defense;
- Department of the Treasury;
- Department of Justice;
- Department of Energy and Environment;
- Department of Social Security and National Solidarity;
- Department of Internal Security;
- Department of Culture and Sports;
- Department of Education;
- Department of Civil Works and Transportation;
- Department of Communications;
- Department of Research and Development.
Article 2. Principles of Alduro-Wechua Federalism.
- The Federation shall fulfill the duties that are assigned to it by this Proclamation and the laws of the Federation.
- The Federation shall undertake tasks that the Regions and local governments are unable to perform or which require uniform regulation by the Federation.
- The collective body that benefits from a public service shall bear the costs thereof.
- The collective body that bears the costs of a public service may decide on the nature of that service.
- Universally provided services must made be available to every person in a comparable manner.
- The tasks of the state must be fulfilled economically and in accordance with demand.
- The Federation, the Regions, and local governments shall support each other and act in good faith with each other, in the fulfillment of their duties.
- Disputes between Regions or between the Federation and Regions shall wherever possible be resolved by negotiation or mediation.
- In the cases specified by this Proclamation and by the laws of the Federation, the Regions shall participate in the federal decision-making process, and in particular in the legislative process.
- The Regions shall implement federal law in accordance with this Proclamation and the laws of the Federation.
- The Federation and the Regions may together agree that the Regions should achieve specific goals in the implementation of federal law and may to this end conduct programs that receive financial support from the Federation, as established by the Federal Constituent Assembly.
- The Federation shall grant Regions all possible discretion to allow the organization of their own affairs and shall take account of regional and local particularities and inequalities.
- Each Region and local government shall adopt a democratic constitution or basic law. These shall always require the approval of the People and must be capable of being revised if the majority of those eligible to vote in that Region or local government so request.
- Each Regional constitution or basic law shall require the guarantee of the Federation. The Federation shall guarantee a constitution provided it is not contrary to this Proclamation and to the laws of the Federation.
- The Federation protects the existence and the territory of the Regions. All Regions and local governments are expected to cooperate in the preservation of the Federation, the survival of its people, and the defense of its territory.
- Federal law takes precedence over contrary regional or local law.
- The Federation ensures adherence to this Proclamation and to the laws of the Federation by regions and local governments.
Article 3. The Federal Constituent Assembly
- The Federal Constituent Assembly shall consist of 685 members elected in accordance with the system of proportional representation of voters as provided by the laws of this Proclamation.
- A person nominated as a candidate for election to the Federal Constituent Assembly must be a resident in the Region they represent.
- For the purposes of this Article, a person shall be deemed to be ordinarily resident at the place where he or she normally lives and to which he or she returns regularly after any period of temporary absence, including the place where he or she was previously so ordinarily resident and to which he or she returns regularly after any period of absence.
Article 4. The Federal Supreme Court
- The Federal Supreme Court shall be the highest federal court of the Federation.
- The Justices of the Federal Supreme Court shall hold their office for life, unless impeached for an offence under this Proclamation and removed from office by a vote of two-thirds of the Federal Constituent Assembly.
- There shall be an odd number of Justices established by law.
- The Justices of the Federal Supreme Court shall be nominated by the Council of the State, subject to the consent of no less than two-thirds of the Federal Constituent Assembly.
- Should more than one Justice sit on a case brought before the Federal Supreme Court, a simple majority shall be sufficient for reaching a decision.
- Among the Justices, there shall be a duly nominated and confirmed Chief Justice.
- The Chief Justice shall enjoy the same rights and responsibilities as any other Justice, except:
- he or she shall administer the Federal Supreme Court's non-judicial functions;
- should more than one Justice sit on a case brought before the Federal Supreme Court, he or she shall designate the Justice that shall write the official opinion of the Court;
- Unless otherwise provided by law, all Justices shall sit on all cases brought before the Federal Supreme Court, and each Justice shall have exactly one vote.
- Any Justice shall have the right to issue a non-binding concurrence or dissent separate of the official opinion of the Court.
- The Federal Supreme Court has original jurisdiction over cases that involve:
- matters of interpretation of this Proclamation;
- or in the absence of any inferior federal courts, the original justidiction shall also extend to:
- matters of interpretation of federal law.
- The Federal Supreme Court shall have appellete jurisdiction over cases that involve:
- matters of interpretation of federal law.
- A case may be brought to the Federal Supreme Court by:
- any person, Region, local government or body corporate that has sufficient standing to a case;
- the Federal Constituent Assembly, on behalf of no less than one fifth of its members;
- the Council of the State;
- a Justice of the Federal Supreme Court.