| The Charter of The Coalition of The South Pacific |
The Charter of The Coalition of The South Pacific
13.05.13 Preamble: We the nations of the Coalition of The South Pacific, hereby establish this Charter in order to preserve and protect the freedom, prosperity, security, and well being of our region as a whole and its individual states. Article 1: Citizenship and Regulations of Citizenship Section 1 - Eligibility 1. All nations resident in the region The South Pacific may apply for Citizenship in the Coalition. 2. All Citizens, in order to ensure to all the rights and benefits resulting from such, shall fulfill in good faith the obligations assumed by them in accordance with the present charter and Code of Laws. 3. All nations wishing to obtain Citizenship must accept and abide by the terms and provisions of the Charter, declare their current nation residing in The South Pacific, current nation which holds membership in the World Assembly, and all regions and organizations in which the applicant is or has been involved with. 4. A Citizen may not apply for Citizenship with more than one nation. Section 2 - Acceptance and Removal 1. Citizenship applications will be reviewed by the Vice Delegate. 2. Upon review the applicant may be either conditionally approved or denied by the Vice Delegate. 3. Upon the applicant being conditionally approved the forum administration staff will conduct a security check to ensure the applicant is not using a proxy, is not trying to avoid a forum ban, and is not a citizen using a different nation. In the event that an applicant is found to be using a proxy, attempting to avoid a forum ban, or applying for citizenship on multiple nations their application will be denied and not subject to appeal. 4. Citizenship applications submitted during election periods will not be processed. In the event that a citizenship application has been submitted prior to the election but not yet processed, the current Vice Delegate may process the application during the election period. 5. In the event that an applicant is denied the reason for denial must be disclosed by the Vice Delegate. The applicant may appeal their denial to the Assembly which may reverse the denial by a 60% majority vote in favor. 6. If a Citizen no longer has a resident nation their citizenship will be immediately removed by the Vice Delegate. 7. Citizenship may be removed by a majority vote of the Cabinet if a nation is found to be a security threat. Citizens removed for being a security threat may appeal to the Assembly which may reverse the removal by a 60% majority vote in favor. 8. Citizenship will be removed if a nation has not logged into the South Pacific forums for more than 30 days and made two posts within that period. 9. Citizens may request a leave of absence from the Vice Delegate. 10. If the Vice Delegate position is vacant, the Cabinet may designate a member to perform the above duties. Article 2: Bill of Rights. 1. Nations that reside in The South Pacific shall be afforded all rights contemplated in this article unless otherwise noted. 2. The freedom of speech, including the freedom of expression and the press. 3. The freedom of thought, including the freedom of belief, opinion and conscience. 4. The freedom of association, including the freedom of peaceful assembly. 5. The right to equality and the freedom from the denial of participation based on arbitrary or discriminative criteria. 6. The right to contact the government on all matters of their interest and receive a prompt and adequate response from the relevant officials. 7. The right to defend themselves in the judicial system of the Coalition of The South Pacific with all the guarantees of a speedy hearing and due process of law and to be protected against the application of any law ex post facto. 8. The right to apply for citizenship and have such an application promptly accepted, subject to requirements of citizenship, or otherwise denied under reasonable causes, with the right to an appeal to the appropriate officials. 9. The freedom to reside in the region of The South Pacific, and the right to not be ejected or banned without reasonable cause and due process of law. 10. The freedom to determine to whom their endorsements are given, subject to the duties and restrictions established in the Charter and the Code of Laws. 11. Voting and being elected to an office under the Coalition of The South Pacific shall be rights afforded only to citizens except for the Local Council. For the Local Council only, voting and being elected to an office shall be open to all residents of The South Pacific. Article 3: Legislature Section 1 - Assembly and Powers of the Assembly 1. The Assembly is comprised of all Citizens of The Coalition. 2. The Assembly shall constitute the sole legislative body in The Coalition. 3. The Assembly is responsible for the drafting and discussion of General Laws, and Amendments to the Charter and Code of Laws. 4. The Assembly may pass and amend a Law with a vote resulting in 50% + 1 in favor. 5. The Assembly may amend the Charter with a vote resulting in a 60% majority in favor. 6. The Assembly has the sole power to declare a state of war exists with another region or organization. 7. The Assembly has the sole power to pass a treaty with another region or organization. 8. The Assembly may override the denial or Cabinet removal of citizenship upon the affected nation appealing and a vote resulting in a 60% majority in favor. 9. Declarations of War and Treaties require a 60% majority in favor to be enacted or repealed. 10. Proposed legislation may be moved to a vote by the Chair of the Assembly after a Motion and a Second to vote is lodged. 11. The voting period will last three days for all General Laws and five days for Amendments to the Charter. Section 2 - Chair of the Assembly and Duties of the Chair. 1. The Assembly will elect a Chair which will be responsible for the administration of all aspects of the drafting, debate, and passage of legislation. 2. The Chair of the Assembly has the clerical duty to maintain the Charter, Code of Laws, and all subsidiary documents, ensuring that all laws comport with proper standards and formatting, and all minor changes made are publicly recorded. 3. The Chair of the Assembly will serve on the Cabinet and act as the Legislative Liaison between the Cabinet and Assembly. 4. The Chair will serve a term lasting four months. 5. Procedures for the election of the Chair must be defined in Code of Laws. Section 3 – Contradicting Legislation 1. The Chair shall use their discretionary powers to avoid opening votes on contradicting legislation or resolutions simultaneously. 2. If multiple, contradicting proposals have been proposed, the Chair may elect to hold a plebiscite to decide which proposal shall be voted on first. Article 4: The High Court of the South Pacific Section 1 - Composition 1. The High Court shall consist of one Permanent Justice for hearing non-criminal cases. 2. For criminal cases, an additional two temporary Justices shall be chosen from the Pool of Justices, the composition of which will be prescribed by law. 3. For appeals purposes, an additional appellate Justice shall be chosen from Pool of Justices. 4. The procedure for the appointment of the Permanent Justice shall be defined in a General Law. Section 2 - Reserved Powers 1. The High Court has the sole power to declare any General Law, in whole or in part, void upon a determination that it violates the terms of this Charter. 2. The High Court may reconcile contradictions within the Charter and General Laws, maintaining the least amount of disruption to the intended purposes of the contradictory parts. 3. The High Court may clarify and interpret provisions of the Charter and Generals Laws, when presented with a Legal Question about them. 4. The High Court holds the sole power to remove citizenship outside of regular legislation that outlines reasonable upkeep requirements or security imperatives. 5. The High Court holds the sole power to conduct a criminal trial. Section 3 - The Pool of Justices 1. The Permanent Justice and the Cabinet shall come together to create a list of at least four well-qualified citizens to serve as temporary and appellate Justices. 2. When selecting from the Pool of Justices, selections shall be made according to the date entrants were added. 3. Citizens in the Pool of Justices must meet all qualifications to sit as Justice when selected, but do not have to be removed automatically from the Pool upon not meeting those qualifications. 4. The Pool of Justices must be posted publicly. Section 4 - Procedures of the High Court 1. Procedures for the High Court, including how Legal Questions, criminal trials, and appeals are submitted and conducted, must be outlined in a General Law. 2. The High Court is primarily responsible for the production of its procedures, which must be presented to the Assembly. However, the Assembly may revisit those procedures at any time. Section 5 - Recusals, Absenteeism, and Vacancy 1. In the event that the Permanent Justice must recuse themselves from a case, or is absent and unable to conduct business, an acting Justice will be selected from the Pool of Justices for that case. 2. The office of the Permanent Justice will be considered vacant upon resignation, recall, or excessive unannounced absenteeism that harms the functioning of the judiciary, in which case the Cabinet may appoint a new Permanent Justice to fill the remainder of the term. Article 5: Executive Section 1 - Cabinet and Powers of the Cabinet 1. The Cabinet shall consist of senior and junior members. 2. The senior Cabinet members shall be the Delegate, Vice Delegate, Minister of Foreign Affairs, Minster of Regional Affairs, Minister of the Army, and Chair of the Assembly. 3. The junior Cabinet members shall be all appointed Deputies. 4. Senior members of the cabinet are the only members with voting rights within the Cabinet. 5. The Cabinet shall strive to promote activity in the region and shall remain cognizant of the well-being of all nations in the Coalition of the South Pacific. 6. The Cabinet may adopt Executive Policy in cases where no law exists; Executive Policy may not conflict with the Charter, Bill of Rights, or Code of Law. 7. The Cabinet will serve a term lasting four months, excepting appointed Cabinet Deputies, who serve at the discretion of their respective Senior Cabinet member. 8. Procedures for the election of the senior Cabinet must be defined in the Code of Laws. Section 2 - The Office of the Delegate and Vice Delegate 1. The Delegate will serve as the Head of State and be responsible for leading the Cabinet. 2. The Coalition may not be surrendered. 3. The Delegate may implement policies regarding regional message board adverts and spam and expel recruiters for violating said policies. 4. The Delegate is responsible for making sure all nations abide by the endorsement cap as established and enforced by the Committee for State Security. 5. The Delegate may eject nations when permitted by the Charter and Code of Laws. 6. With the majority approval of the Committee for State Security taken by a vote, the Delegate may declare a State of Emergency with reasonable justification that a threat to regional security is imminent, subjected to provisions granted by Article 6, Section 3 of the Charter. 7. The Vice Delegate will hold the second highest amount of endorsements in the region at any given time. 8. The Vice Delegate will be responsible for reviewing citizenship applications. 9. In the event that the Delegate resigns, is recalled, or otherwise unable to carry out their duties the Vice Delegate will immediately assume the Office of the Delegate. Section 3 - Ministry of Foreign Affairs 1. The Ministry of Foreign Affairs will be led by the Minister of Foreign Affairs. 2. The Ministry is responsible for all interactions with foreign regions. 3. The Ministry has the power to negotiate treaties, alliances, and other agreements with a foreign entity. Enactment of a treaty or alliance requires a vote of the Assembly in accordance with the provisions for General Laws. 4. The Ministry is responsible for the drafting and distribution of a regional update. 5. The Ministry is responsible for approving, denying, constructing, and requesting the removal of embassies and consulates. Section 4 - Ministry of the Army 1. The Ministry of the Army will be led by the Minister of the Army. 2. The Ministry is responsible for overseeing the Armed Forces of the Coalition. 3. The Ministry is responsible for the defense of the region. 4. The Ministry is responsible for the creation of an Intelligence Network. The Ministry may appoint individuals to aid in gathering intelligence. Section 5 - Ministry of Regional Affairs 1. The Ministry of Regional Affairs will be led by the Minister of Regional Affairs. 2. The Ministry is responsible for the integration of citizens into the Community. 3. The Ministry is responsible for planning and carrying out Cultural Events for the region and with allied regions. 4. The Ministry is responsible for promoting RMB and IRC activity and promotion of the regional forums. 5. The Ministry is responsible for directing and running roleplay and the maintenance of the regional map. 6. The Ministry is responsible for creating letters about government happenings, distributing such letters to the region in-game, and posting them on the RMB. Section 6 – Line of Succession 1. In the event that the Delegate is removed from office, resigns from office, or is banned from the World Assembly, the Vice Delegate shall immediately assume the office of the Delegate. 2. In the event that the office of the Vice Delegate is vacant, the Delegate shall nominate a replacement, who must be confirmed with a 50%+1 majority vote by the Assembly. 3. Until such time as a replacement Vice Delegate is confirmed the highest ranking member of the CSS line of succession shall serve as Acting Vice Delegate. Article 6: The Committee for State Security Section 1 - Membership and Approval 1. Membership in the Committee for State Security (CSS) requires Citizenship in The South Pacific, a nation with World Assembly membership in the region, and the approval of the Assembly. 2. The Vice Delegate will serve as the Chair of the CSS. 3. The Delegate shall serve as an observer on the CSS, with no voting rights. 4. Citizens wishing to become members of the CSS may submit their application for admittance to the Assembly. 5. Citizens may also be nominated for membership of the CSS by the Delegate. 6. Applicants for the Committee for State Security require a 75% majority vote in favor of admittance by the Assembly. Section 2 - Regulations 1. The Committee for State Security is responsible for the internal security of The Coalition. 2. The Committee for State Security is responsible for establishing and and enforcing the endorsement cap. 3. Council members must never exceed the amount of WA endorsements obtained by the legal Vice Delegate. 4. The Vice-Delegate may grant a leave of absence from the CSS for a member on military or intelligence duty for The South Pacific. Members on leave of absence remain voting members of the CSS, but will not be part of the line of succession to the Delegacy. 5. The line of succession to the Delegacy is determined according to the WA endorsement levels of CSS members at the time in question, running from highest to lowest. Section 3 - State of Emergency 1. In the event of a State of Emergency, the Delegate must confer with the Committee for State Security (CSS) before carrying out any actions. 2. The Delegate may lower or increase the endorsement cap or ask that the region endorse a CSS member as a proxy. 3. The Delegate may also make statements to the region with regards to the situation, and delegate responsibilities or directives to other Cabinet members to ensure cohesion in the region. 4. The Bill of Rights cannot be suspended during a State of Emergency, except where the Delegate may eject or ban nations from the in-game region and/or forums on reasonable grounds of suspicion that the nation(s) are participating in actions that attempt to subvert the legitimate government of the region without due process of law. 5. In the event of a Delegate transition, both the outgoing Delegate and incoming Delegate may call for a State of Emergency, with the decision to grant the declaration resting in the Committee for State Security. 6. In the event that a hostile takeover of the region by the sitting Delegate has occurred or is imminent, the Committee for State Security is empowered to grant the Vice-Delegate temporary provisions as Acting Delegate, by a majority vote in favor in the CSS. 7. The Assembly, by a conscience vote, may vote to override or end a State of Emergency by a vote of 60% in favor. 8. Within 48 hours of recovery from a State of Emergency, a report detailing the incident and the particular evidence used to justify it along with an evaluation of measures and recommendations of further actions to be taken by the Assembly, Cabinet and/or Judiciary should be submitted to the Assembly, which includes but is not limited to: recall motions, charges to be filed and grants of amnesty. Article 7: The Local Council Section 1 - Membership 1. Three residents of The South Pacific shall serve on the Local Council. 2. The election of councillors shall be decided by resident voters in The South Pacific. 3. The Local Council will serve a term lasting four months. 4. Procedures for the election of the Local Council must be defined in the Code of Laws. Section 2 - Purpose and Mandate 1. The Local Council shall serve as a voice for residents to the Cabinet and the Assembly. 2. Primarily, the Local Council shall be concerned with local matters and policies which affect residents game-side. Section 3 - Powers and Responsibilities 1. The Local Council shall endeavor to improve communication to residents and promote more local awareness of the region's ongoing activities. 2. Conduct violations should be reported to the judiciary by the Local Council. 3. The Local Council may make recommendations to the Delegate with regards to the regulation of the Regional Message Board (e.g., permissions), the creation of new regional polls, in addition to any changes to the regional welcome telegram and the World Factbook Entry. 4. In the event of a State of Emergency, the Local Council may assist the Committee for State Security (CSS) in communicating with residents at the CSS's request. 5. The Local Council shall work with the Ministry of Regional Affairs to promote regional integration and to devise and organise regional cultural events and practices. 6. Municipal ordinances may be introduced by the Local Council unanimously as regional policies in cases where no law exists; Municipal ordinances may not conflict with the Charter, Bill of Rights, or Code of Law, or Executive Policy and may be repealed by the Assembly. Article 8: Code of Laws 1. The Assembly may enact laws providing additional limitations and or procedures and place them in the Code of Laws. Article 9: Forum and Forum Administration 1. The Coalition's official Regional Forum is located at http://thesouthpacific.x10.org 2. Should the Regional Forum cease to exist or otherwise become permanently unavailable then the Cabinet is authorized to establish a replacement Regional Forum. 3. Barring circumstances outlined in Section 2 the Assembly reserves the sole right to authorize the creation of a new Regional Forum. 4. The Regional Forum is administrated by the Admin Team and moderated by the Moderation Team. 5. The Admin Team must create both Administrative Procedures and Moderation Policies and present them to the Assembly for discussion and feedback. 6. Any proposed alterations to the Administrative Procedures or Moderation Policies may not be implemented until a minimum of seven days after such presentation. 7. The Moderation Team will be responsible for enforcing the Moderation Policies. Article 10: Amendments 1. This Charter may be amended as needed in accordance with Article 3. 2. All Citizens have the right to request a Great Council for a review of the entire Charter, Bill of Rights, and Code of Laws. A Great Council may only be called once every six months. 3. Legal changes resulting from the Great Council shall meet current legislative requirements. Article 11: Supremacy 1. This Charter shall carry supremacy over any other law of the Coalition of the South Pacific.
Article 1, Section 2 was amended from the below on 19.05.14.
Section 2 - Acceptance and Removal 1. Citizenship applications will be reviewed by the Vice Delegate. 2. Upon review the applicant may be either conditionally approved or denied by the Vice Delegate. 3. Upon the applicant being conditionally approved the forum administration staff will conduct a security check to ensure the applicant is not using a proxy, is not trying to avoid a forum ban, and is not a citizen using a different nation. In the event that an applicant is found to be using a proxy, attempting to avoid a forum ban, or applying for citizenship on multiple nations their application will be denied and not subject to appeal. 4. In the event that an applicant is denied the reason for denial must be disclosed by the Vice Delegate. The applicant may appeal their denial to the Assembly which may reverse the denial by a 75% majority vote in favor. 5. If a Citizen no longer has a resident nation their citizenship will be immediately removed by the Vice Delegate. 6. Citizenship may be removed by a majority vote of the Cabinet if a nation is found to be a security threat. Citizens removed for being a security threat may appeal to the Assembly which may reverse the removal by a 75% majority vote in favor. 7. Citizenship will be removed if a nation has not logged into the South Pacific forums for more than 30 days and made two posts within that period. 8. Citizens may request a leave of absence from the Vice Delegate.
Article 1, Section 2 was amended from the below 16.06.14.
Section 2 - Acceptance and Removal 1. Citizenship applications will be reviewed by the Vice Delegate. 2. Upon review the applicant may be either conditionally approved or denied by the Vice Delegate. 3. Upon the applicant being conditionally approved the forum administration staff will conduct a security check to ensure the applicant is not using a proxy, is not trying to avoid a forum ban, and is not a citizen using a different nation. In the event that an applicant is found to be using a proxy, attempting to avoid a forum ban, or applying for citizenship on multiple nations their application will be denied and not subject to appeal. 4. In the event that an applicant is denied the reason for denial must be disclosed by the Vice Delegate. The applicant may appeal their denial to the Assembly which may reverse the denial by a 75% majority vote in favor. 5. If a Citizen no longer has a resident nation their citizenship will be immediately removed by the Vice Delegate. 6. Citizenship may be removed by a majority vote of the Cabinet if a nation is found to be a security threat. Citizens removed for being a security threat may appeal to the Assembly which may reverse the removal by a 75% majority vote in favor. 7. Citizenship will be removed if a nation has not logged into the South Pacific forums for more than 30 days and made two posts within that period. 8. Citizens may request a leave of absence from the Vice Delegate. 9. If the Vice Delegate position is vacant, the Cabinet may designate a member to perform the above duties.
Article 6, Section 6 added 16.7.14
Article 2, Section 1 amended from below, on 09.09.2014.
1. Nations that reside in The South Pacific shall be afforded all rights contemplated in this article unless otherwise noted. 2. The freedom to voice their opinions on all matter of their interest, including the peaceful criticism of the Coalition and its government, on both the Forum and the Regional Message Board, subject to reasonable restrictions established by the Assembly that do not violate the spirit of the Charter. 3. The right to contact the government on all matters of their interest and receive a prompt and adequate response from the relevant officials. 4. The right to defend themselves in the judicial system of the Coalition of The South Pacific with all the guarantees of a speedy hearing and due process of law. 5. The right to apply for citizenship and have such an application promptly accepted, subject to requirements of citizenship, or otherwise denied under reasonable causes, with the right to an appeal to the appropriate officials. 6. The freedom to reside in the region of The South Pacific, and the right to not be ejected or banned without reasonable cause and due process of law. 7. The freedom to determine to whom their endorsements are given, subject to the duties and restrictions established in the Charter and the Code of Laws. 8. Voting and being elected to an office under the Coalition of The South Pacific shall be rights afforded only to citizens.
Added "Section 3 – Contradicting Legislation". Dec 26, 2014.
The following areas of the Charter were amended during the Great Council of 2015; Feb 24, 2015:
Article 2: Bill of Rights. 1. Nations that reside in The South Pacific shall be afforded all rights contemplated in this article unless otherwise noted. 2. The freedom to voice their opinions on all matter of their interest, including the peaceful criticism of the Coalition and its government, on both the Forum and the Regional Message Board, subject to reasonable restrictions established by the Assembly that do not violate the spirit of the Charter. 3. The right to equality and the freedom from the denial of participation based on arbitrary or discriminative criteria. 4. The right to contact the government on all matters of their interest and receive a prompt and adequate response from the relevant officials. 5. The right to defend themselves in the judicial system of the Coalition of The South Pacific with all the guarantees of a speedy hearing and due process of law. 6. The right to apply for citizenship and have such an application promptly accepted, subject to requirements of citizenship, or otherwise denied under reasonable causes, with the right to an appeal to the appropriate officials. 7. The freedom to reside in the region of The South Pacific, and the right to not be ejected or banned without reasonable cause and due process of law. 8. The freedom to determine to whom their endorsements are given, subject to the duties and restrictions established in the Charter and the Code of Laws. 9. Voting and being elected to an office under the Coalition of The South Pacific shall be rights afforded only to citizens. [...] Article 4: The High Court of the South Pacific Section 1 - Composition and Powers 1. The High Court shall consist of four Court Justices. 2. The Court Justices shall select one of themselves to serve as Chief Justice. 3. Three Justices of the High Court, determined by a rotating schedule created by themselves, shall be responsible for determining innocence or guilt in criminal cases, and issuing sentence. 4. The High Court may declare any whole General Law, or portions within such law, that conflict with the Charter defunct, and to reconcile contradictions within the Charter. 5. The High Court holds the sole power to remove citizenship outside of regular legislation that outlines reasonable upkeep requirements or security imperatives. 6. Procedures for the Election of High Court Justices will be defined in the Code of Laws. 7. The Court Justices are not prohibited from joining the Assembly or any associated organization in the South Pacific, barring political parties and organizations or interest groups. [...] Section 2 - The Office of the Delegate and Vice Delegate 1. The Delegate will serve as the Head of State and be responsible for leading the Cabinet. 2. The Delegate may not surrender the sovereignty of the Coalition to any group or alliance without the express permission of the Assembly. 3. The Delegate may implement policies regarding regional message board adverts and spam and expel recruiters for violating said policies. 4. The Delegate is responsible for making sure all nations abide by the endorsement cap as established and enforced by the Committee for State Security. 5. The Delegate may eject nations when permitted by the Charter and Code of Laws. 6. With the majority approval of the Committee for State Security taken by a vote, the Delegate may declare a State of Emergency with reasonable justification that a threat to regional security is imminent, subjected to provisions granted by Article 6, Section 3 of the Charter. 7. The Vice Delegate will hold the second highest amount of endorsements in the region at any given time. 8. The Vice Delegate will be responsible for reviewing citizenship applications. 9. In the event that the Delegate resigns, is recalled, or otherwise unable to carry out their duties the Vice Delegate will immediately assume the Office of the Delegate. [...] Article 10: Amendments 1. This Charter may be amended as needed in accordance with Article 3. 2. All Citizens have the right to request a Great Council for a review of the entire Charter, Bill of Rights, and Code of Laws. A Great Council may only be called once every six months.
Added Article 8 (Local Council) - March 06.
Article 2, Clause 7 was amended from the following on 10th April 2015:
7. The right to defend themselves in the judicial system of the Coalition of The South Pacific with all the guarantees of a speedy hearing and due process of law.
Article 2, Section 1 was amended from the following on June 10th
Section 1 - Membership 1. Three citizens of The South Pacific shall serve on the Local Council. 2. The election of councillors shall be decided by resident voters in The South Pacific. 3. The Local Council will serve a term lasting four months. 4. Procedures for the election of the Local Council must be defined in the Code of Laws. |
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