A new constitution for democratic confederation of communities.

https://www.loomio.org/d/LMRhe7oN/a-new-constitution-for-democratic-confederation-of-communities?utm_campaign=thread_mailer&utm_medium=email&utm_source=new_discussion

Constitution for the people of Earth, January 01 2016. Draft one. We, the inhabitants of earth at this point of the 21st century. having been wearied by constant war and subjugation to authority, do hereby by virtue of birth claim our sovereignty and right to self determination. we declare that no king, lord, minister or chieftain is above any individual. We resolve that no one be left behind or exploited. That the power resides in the individual, and it is our right to express that power and our own minds without handing power over to representatives, councils or centralised authorities. This constitution lays out the foundation for a confederated series of Autonomous communities. The provinces/prefectures/nodes are to be determined. But each zone represents a community. These communities are independent and join the overall confederation by choice not by force of arms or economic pressures. The people are the only source of authority, every voice has the same value. None shall be put above others. Each person will be protected by the common law/rights and bound by the responsibilities laid out below. Nothing else is a law. I General principles Article 1 This constitution represents a clear social contract between all the people of a new confederation. The Preamble is an integral part of the constitution. Article 2 a- Authority resides with and emanates from the people having a direct vote on all issues that affects their community. b- No community can influence, attend or vote on any resolutions that do not directly affect their determined zones. Article 3 a. The sovereignty of a person comes first, then the sovereignty of a community second. No individual shall be penalised by the power of democracy in their own home. No local resolution shall be upheld where it can bypass this constitution. b. The constitution must evolve with humanity. Every 10 years its must revaluated by all members of the confederation c. Changes to this constitution require a more than 71% yes vote across all members of the confederation. The Structure of governance in the Autonomous communities Article 4 The power resides in the individual and must be expressed by the individual. The means of collating that will is direct democracy. Either by electronic means or traditional means. The means must be structured for fairness and checked regularly for those who would try to game the system or find loopholes to exploit. Article 5 The administration of all social services is to be arranged at the local level either by appointment of managers, or by cooperative bodies. Article 6 All persons and communities are equal in the eyes of the law and in rights and responsibilities. Recognition exists only for persons, this constitution no longer allows recognizance for corporate entities or body politic that exist beyond the laws of Article 7 Any community may choose to join this confederation by adopting the methods enclosed to govern themselves. Article 8 All Autonomous Communities are founded upon the principle of local selfgovernment. Communities may freely represent their own will and may pursue their rights insofar as it does not contravene the articles of the Constitution. Article 9 There are no official languages. Each region will have its own “mother tongue” but all communities should endeavour to express languages more than their own local dialect. Efforts should be made to resurrect dead languages and save and store any currently languages being lost by cultural obfuscation. Article 10 The Autonomous Communities shall not interfere in the domestic affairs of other states/communities, and it shall safeguard its relations with neighbouring states, resolving any conflicts peacefully. Offensive War is expressly forbidden to all future generations. Article 11 While Flags, anthems and emblems are seen as archaic remnants of imperialism. Communities shall have the right to vote on and choose for themselves if any of these symbols shall be used. It is not forbidden, and it is not forced. Article 12 The Autonomous Communities form an independent and sovereign contract outside of the legal basis of any existing “state”. The laws and contracts of preceding states are repealed and this document replaces the supreme authority of a nation state with direct democracy for all people. II Basic Principles Article 13 There shall be a separation of powers between the individual, community and confederation. Article 14 The Autonomous Communities shall seek to implement a framework of transitional justice measures. It shall take steps to redress the legacy of discriminatory State policies, including the payment of reparations to victims, both individuals and communities. Article 15 The communities agree to a single unified emergency services to be filled at the local level with both volunteer and/or paid service persons. These are managed at community level, but communities may lend or volunteer assistance to other communities for extreme emergencies. All citizens will have a basic understanding of self-defence for their region, and each community shall maintain an armoury for defence. Citizens will maintain a specified level of proficiency and safety with any defence protocols Article 16 The Constitution guarantees the rights of the youth to participate actively in public and political life. Article 17 Communities may pass edicts for anti-social rectification previously called statute law. Only specific actions against this constitution are to be referred to as illegal or criminal. Article 19 The system of taxation and other fiscal regulations are defined by each community but the wealth of each community is to be pooled and shared equally between all communities to administer their social services, infrastructure and wellbeing. Article 20 The Constitution holds as inviolable the fundamental rights and freedoms set out in international human rights treaties, conventions and declarations. Article 21 Each community may issue its own debt free currency. Usury is an offence. No human shall ever be enslaved by chains or debt. III Rights and Liberties Article 22 The Constitution incorporates the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, as well as other internationally recognized human rights conventions. Article 23 All international rights and responsibilities pertaining civil, political, cultural, social and economic rights are guaranteed. Article 24 a – Everyone has the right to express their ethnic, cultural, linguistic and gender rights b – Everyone has the right to live in a healthy environment, based on ecological balance. Article 25 Everyone has the right to freedom of opinion and expression; including freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. Freedom of expression and freedom of information may be restricted having regard to the security of the Autonomous Communities, public safety and order, the integrity of the individual, the sanctity of private life, or the prevention and prosecution of crime ONLY by vote of all community members Article 26 a- Everyone has the right to liberty and security of person. b- All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. c- Prisoners have the right to humane conditions of detention, which protect their inherent dignity. Prisons shall serve the underlying objective of the reformation, education and social rehabilitation of prisoners. Article 27 Every human being has the inherent right to life. No one within the jurisdiction of the confederation shall be executed. Article 28 Women have the inviolable right to participate in political, social, economic and cultural life. Article 29 Men and women are equal in the eyes of the law. The Constitution guarantees the effective realization of equality of women and mandates public institutions to work towards the elimination of gender discrimination. Article 30 The Constitution guarantees the rights of the child. In particular children shall not suffer economic exploitation, child labour, torture or cruel, inhuman or degrading treatment or punishment, and shall not be married before attaining the age of majority. Any violation of children will be considered a violation of the entire community. Article 31 All persons have the right 1. to personal security in a peaceful and stable society. 2. to free education to a tertiary level. 3. to adequate housing at as close to zero cost as possible. This domicile is of the persons choosing, and is required to be off grid or only community grid It must Generate its own water or recycle its water use and no external force may legislate how a person may live. 4. to protect the motherhood and maternal and paediatric care. The rights of parents to retain their children and be worked with by the community in times of crisis. Retention of the family as a single unit is the preferred option. Children shall not be removed from parents forcibly, except by order of mediation specialists and with open transparency in the community for the safety of the child. 5. to adequate health and social care for the disabled, the elderly and those with special needs. Decentralised hospitals and community health centres with a set per capita number of beds. Respite and community care for the aged citizens, or support for families to look after their own elderly. Article 32 Everyone has the right to freedom of worship, to practice one’s own religion either individually or in association with others. No one shall be subjected to persecution on the grounds of their religious beliefs. Article 33 a)- Everyone has the right to freedom of association with others, including the right to establish and freely join any political group, association, trade union and/or civil assembly. b) – In exercising the right to freedom of association, political, economic and cultural expression of all communities is protected. This serves to protect the rich and diverse cultures of the peoples of the Autonomous Communities. Article 34 Everyone has the freedom to obtain, receive and circulate information and to communicate ideas, opinions and emotions, whether orally, in writing, in pictorial representations, or in any other way. This right pre-empts any trade or commerce based agreements and is understood to be an end to patent and copyright Article 35 Everyone has the right of peaceful assembly, including the right to peaceful protest, demonstration and strike. Article 36 Everyone has the right to freely experience and contribute to academic, scientific, artistic and cultural expressions and creations, through individual or joint practice, to have access to and enjoy, and to disseminate their expressions and creations. Article 37 Everyone has the right to vote or not to vote on an issue as they choose. Article 38 Everyone has the right to seek political asylum. Persons may not be deported. Every individual is afforded the protection of this constitution by virtue of being within the borders of one of the confederate members. Article 39 All persons are equal before the law and are entitled to equal opportunities in public and professional life. Article 40 Natural resources/forces, located both above and below ground, are the public wealth of society. Extractive processes, management, licensing and other contractual agreements related to such resources shall not be in the hands of individuals or partnerships. Where allowed, the profits of this kind of resource refinement/extraction/use is the wealth of all humankind and must be shared equally as part of the combined assets of the confederated communities. Article 41 All buildings and land in the Autonomous Communities are the property of all. No one can profit from or sell land or buildings. New buildings must be agreed upon by all members of the community and parcels of land allocated. Once allotted, a usage right is commenced for an indefinite period that may not be extinguished while that person or their family resides in that allotment. All previous title is extinguished and common title now exists in the community. No external persons are permitted to use any parcels of land when not living in that community. If a person leaves a community they pass back rights of use for their allotment to that community Article 42 Everyone has the right to the use and enjoyment of allotted property. No one shall be deprived of this property use without payment of just compensation, for reasons of public utility or social interest and only after community direct democratic resolution. Article 43 The economic system in the provinces shall be directed at providing general welfare and in particular granting funding to arts, science and technology. It shall be aimed at guaranteeing the daily needs of people and to ensure a dignified life. Monopoly is prohibited by law. Labour rights and sustainable development are guaranteed. No one shall exploit another, or by action/inaction allow someone else to be exploited Article 44 Everyone has the right to liberty of movement and freedom to choose his residence within the Confederation of Autonomous Communities. Article 45 The enumeration of the rights and freedoms set forth in Section III is non-exhaustive. The Democratic Self-rule Administration Project IV Local governance Article 46 Each region shall enable all citizens to have direct access to vote on issues. At no point shall there be a representative or voting bloc. Article 47 Any citizen can submit a resolution to any issue that affects them or their community. Where more than one community is affected, each citizen of each community shall have an equal vote. Those communities shall output a binary yea or nay to resolutions. There is no limit to the number of communities that may be affected by suggested resolutions. It must be clearly stated before any further discussion begins. Article 48 Every person who has reached the age of eighteen (16) years is eligible to vote. They must undergo a ceremony, initiation or acceptance of adulthood and an agreement to the terms of this constitution. These ceremony may be cultural or secular in nature but MUST contain a clear expression of agreement to this social contract as set forth. By agreement the citizen is protected and bound by this document Article 49 No person, groups, unions or communities shall bypass any segment of this constitution. No one may be set apart from the law. No one shall be immune. Article 50 Electronic networks shall be established inside communities, preferable at domicile level, to enact direct democracy. Direct democracy via electronic network must be protected and administered by a similar method to blockchains in bitcoin. Anonymous but every part of the process can be checked for authenticity. Article 51 Any community network must be open source. It must be checked regularly. Exploitative code must be reported via some means. And ALL citizens must be notified immediately. Article 52 Each community has the right to its own media. Media may not be owned by any persons or partnerships. Media constitutes all previous medium, print, television, radio and internet. And also is to include any future means of mass communication of entertainment or information. Article 53 The right of the people to be free from propaganda is enshrined. This is to be extended to advertising where warranted. Article 54 Each community may elect a diplomat where required for negotiations with external communities or states. No community has a right to represent another. Social services: 1- Autonomous Communities are able to enact local resolutions and budgets for social services internally. These may not be outsourced or privatised. They may not make a profit. They may employ local people only to positions of service. 2- The powers and duties of the services are to be laid out in founding local charters for these groups. It must clearly state the objective of the service. The conditions of its allocation and the boundaries of its duty. 3- it is the responsibility of each citizen to ensure these service charters are fair and equitable and at ALL TIMES are not an authoritative body. 4- each community must ensure each of its citizens has the following available at all times. i) Food security. At least 3 months of food resources in emergency ii) Continuity of utilities via at home, or local grid generation (renewable/natural not fossil fuel). The right to electricity and open free internet is enshrined as law. iii) Adequate housing or allotment of land for all to live as they choose (including transient or tent dwelling, non-traditional domicile) iv) Water. Recycled and/or sourced from the air, collected, desalinated or other processes not yet discovered. Every person must have access to clean water for drinking and sanitation. There must be a permanent supply established either at home or community level. Part VI The Judiciary/Mediation Article 55 The independence of the mediation/judiciary is founding principle of the rule of law, which ensures a just and effective resolution of incidents by competent and impartial processes. Mediators/judges must be elected by their community but may never serve in that community. They must fulfil their service in a community they have no blood relations or ties to. They must be impartial and above reproach. There must be no gathering of power to this role, it exists purely to mediate disputes between people and uphold this constitution. Article 56 Everyone charged with a criminal offence (constitutional breech) shall be presumed innocent until and unless proved guilty by a competent and impartial process. They may not be forced to testify against themselves. Article 57 All institutions of the mediation/judiciary must be composed of at least fifty per cent (50%) of either sex. Article 58 The right to defence is sacred and inviolable at all stages of an investigation and trial. Article 59 The removal of a mediator/judge from office requires a 51% decision from the community they service Article 60 Judgments and judicial decisions are issued on behalf of the people. Article 61 Failure to implement judicial decisions and orders is a violation of law. Article 62 No civilian shall stand trial before any military court or special or ad hoc tribunals. No foreign state may hold a citizen of any confederation community. All communities must band together to return their citizens to the confederation community of origin. Article 63 Searches of houses and other property must be done in accordance with a properly executed warrant, issued by a not less than 2 mediators/judicial members. Article 64 Everyone is entitled in full equality to a fair and public process by an independent and impartial method, in the determination of his rights and obligations and of any criminal charge against him. Article 65 No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. Article 66 Anyone who has been the victim of unlawful arrest or detention or otherwise suffered damage or harm as a result of the acts and omissions of public agents has an enforceable right to compensation. Article 67 The judiciary/mediation is established by confederation of the communities. Article 68 The Constitution applies within the Autonomous Communities. Article 69 The Constitution shall be laid before all people for review and ratification. Article 70 The Constitution sets out the framework through which decrees, and states of emergency shall be formally implemented. Article 71 All administrative bodies, institutions and committees shall be made up of at least 50 percent (50%) of either sex. Article 72 The Constitution guarantees the protection of the environment and regards the sustainable development of natural ecosystems as a moral and a sacred national duty. Article 73 Education within the Autonomous Communities rejects prior education policies based on imperialism and capitalism. Founded upon the values of reconciliation, dignity, and pluralism, a new system must be agreed upon by the communities a)- The new educational curriculum of the communities shall recognize the rich history, culture and heritage of the peoples of all Communities. b)-The education system, public service channels and academic institutions shall promote human rights and direct democracy. c)-The education system must strive to produce functional citizens not just academic education. Emotional, academic, humanities and environmental subjects must be covered Article 74 a)- The Constitution enshrines the principle of separation of religion and State. b)- Freedom of religion shall be protected. All religions and faiths in the Autonomous Communities shall be respected. The right to exercise religious beliefs shall be guaranteed, insofar as it does not adversely affect the public good. c)- religion is to be considered a form of commerce and wealth must be contributed to the community via the agreed means of taxation Article 75 a)- The promotion of cultural, social and economic advancement by administrative institutions ensures enhanced stability and public welfare within the Autonomous Communities. b)- There is no legitimacy for authority which contradicts this constitution. Any community may declare a state of emergency and request support from other confederation members. No military/police force may be deployed to resolve internal conflicts among confederation members. This is the role of mediation/judiciary Article 76 The Constitution shall be published in all available media.