Constitution of Kalea

Charter of the Autonomous Provinces of Hema, ‘Akau, & Ho’olua
Jurisdiction	Kalea
Ratified	9 January, 1914

The Constitution of Kalea, officially known as the "Charter of the Autonomous Provinces of Hema, ‘Akau, & Ho’olua", is the supreme law of the Kalea. It superseded the Constitution of Confederation of 1783. It was ratified on 9 January, 1914. Throughout its history, it has only been amended twice: once in the days after its ratification to rectify the oversight of leaving out provisions to establish local executive government, and the second time on 18 October, 1947 to repeal article 86, which barred anyone from holding public office if they had a dual nationality.

Provisions

Charter of the Autonomous Provinces of Hema, ‘Akau, & Ho’olua

Preamble

We, the People, of the Autonomous Provinces of Hema, ‘Akau, and Ho’olua, a confederation of fellow Kaleans, freely and solemnly declare and establish this Charter, which has been drafted according to the principles of Democratic Autonomy. In pursuit of freedom, justice, dignity, and democracy and led by principles of equality and environmental sustainability, the Charter proclaims a mutual and peaceful co-existence and understanding between all strands of society. It protects fundamental human rights and liberties and reaffirms the people’s right to self-determination. Under the Charter, we, the People of the Autonomous Provinces, unite in the spirit of reconciliation, pluralism, and democratic participation so that all may express themselves freely in public life. In building a society free from authoritarianism, militarism, centralism, and the intervention of religious authority in public affairs, the Charter recognizes the territorial integrity of the Kalea Confederation and aspires to maintain domestic and international peace. In establishing this Charter, we declare these Autonomous Provinces shall go through a transitional phase to a new democratic society where civic life and social justice are preserved.

Part I. General Principles

Article 1 The Charter of the Autonomous Provinces of Hema, ‘Akau, and Ho’olua [hereinafter “the Charter”], is a renewed social contract between the peoples of the Autonomous Provinces. The Preamble is an integral part of the Charter.

Article 2 1. Authority resides with and emanates from the people of the Autonomous Provinces. It is exercised by governing councils and public institutions elected by popular vote. 2. The people constitute the sole source of legitimacy in all governing councils and public institutions, which are founded on democratic principles essential to a free society.

Article 3 1. The Kalea Confederation is a free, sovereign, and democratic state, governed by a presidential system based on principles of decentralization and pluralism. 2. The Autonomous States are composed of the three Provinces of Hema, ‘Akau, and Ho’olua, forming an integral part of the Kalea Confederation’s territory. 3. The elected Legislative Assembly represents all three Provinces of the Autonomous Provinces.

Article 4 The Structure of Governance in the Kalea Confederation and Autonomous Provinces is as follows: 1. Legislative Assembly. 2. Executive Councils. 3. High Commission of Elections. 4. Supreme Constitutional Court. 5. Municipal/Provincial Councils.

Article 5 The administrative centers of each Province are Heiau, Hema; Kamea, ‘Akau; and Aolani, Ho’olua.

Article 6 All persons and communities are equal in the eyes of the law and in rights and responsibilities.

Article 7 All cities, towns, and villages in the Kalea Confederation which accede to this Charter may form Counties falling within the Autonomous Provinces.

Article 8 All Counties in the Autonomous States are founded upon the principle of local self-government. Counties may freely elect their representatives and representative bodies and may pursue their rights insofar as they do not contravene the articles of the Charter.

Article 9 The Autonomous Provinces shall not interfere in the domestic affairs of other countries, and they shall safeguard their relations with neighboring states, resolving any conflicts peacefully.

Article 10 The Autonomous Provinces have the right to be represented by their own flag, emblems, and anthem. Such symbols shall be defined in a special law.

Part II. Basic Principles

Article 11 There shall be a separation of powers between the legislature, executive, and judiciary.

Article 12 The Autonomous Provinces shall seek to implement a framework of transitional justice measures.

Article 13 The People’s Defense Units are the sole military force of the three Provinces, with the mandate to protect and defend the security of the Autonomous Provinces and their peoples, against both internal and external threats. The People’s Defense Units act in accordance with the recognized inherent right to self-defense. Power of command in respect of the People’s Defense Units is vested in the Body of Defense through its Central Command. Its relation to the armed forces of the central government shall be defined by the Legislative Assembly in a special law. The People’s Defense Units forces are charged with civil policing functions in the Autonomous Provinces.

Article 14 If a court or any other public body considers that a provision conflicts with a provision of a fundamental law or with a provision of any other superior statute, or that the procedure prescribed was set aside in any significant respect when the provision was introduced, the provision shall be nullified.

Article 15 The Charter guarantees the rights of the youth to participate actively in public and political life.

Article 16 Unlawful acts and omissions and the appropriate penalties are defined by criminal and civil law.

Article 17 The system of taxation and other fiscal regulations are defined by law.

Part III. Rights and Liberties

Article 18 The Charter holds as inviolable the fundamental rights and freedoms set out in international human rights treaties, conventions, and declarations.

Article 19 The Charter 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 20 All international rights and responsibilities pertaining to civil, political, cultural, social, and economic rights are guaranteed.

Article 21 1. Everyone has the right to express their ethnic, cultural, linguistic, and gender rights. 2. Everyone has the right to live in a healthy environment, based on ecology balance.

Article 22 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 Provinces, public safety and order, the integrity of the individual, the sanctity of private life, or the prevention and prosecution of crime.

Article 23 1. Everyone has the right to liberty and security of person. 2. 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, inhumane, or degrading treatment or punishment. 3. 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 24 Every human being has an inherent right to life. No one within the jurisdiction of the Autonomous Provinces shall be executed.

Article 25 Men and women are equal in the eyes of the law. The Charter guarantees the effective realization of equality of women and mandates public institutions to work towards the elimination of gender discrimination.

Article 26 The Charter guarantees the rights of the child. In particular, children shall not suffer economic exploitation, child labor, torture, or cruel, inhuman, or degrading treatment or punishment, and shall not be married before attaining the age of majority.

Article 27 All persons have the right to: • Personal security in a peaceful and stable society; • Free and compulsory primary and secondary education; • Work, social security, health, adequate housing; • Protect the motherhood and maternal and pediatric care; and • Adequate health and social care for the disabled, the elderly, and those with special needs.

Article 28 Everyone has the right to freedom of worship, and 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 29 1. Everyone has the right to freedom of association with others, including the right to establish and freely join any political party, association, trade union, and/or civil assembly. 2. 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 heritage of the peoples of the Autonomous Provinces.

Article 30 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.

Article 31 Everyone has the right to peaceful assembly, including the right to peaceful protest, demonstration, and strike.

Article 32 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 33 Everyone has the right to vote and to run for public office, as circumscribed by law.

Article 34 Everyone has the right to seek political asylum. Persons may only be deported following a decision of a competent, impartial, and properly constituted judicial body, where all due process rights have been afforded.

Article 35 All persons are equal before the law and are entitled to equal opportunities in public and professional life.

Article 36 Natural resources, 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 be regulated by law.

Article 37 All buildings and land in the Autonomous Provinces are owned by the Transitional Administration and are public property. The use and distribution shall be determined by law.

Article 38 Everyone has the right to the use and enjoyment of their private property. No one shall be deprived of their property except upon payment of just compensation, for reasons of public utility or social interest, and according to the forms established by law.

Article 39 The economic system in the provinces shall be directed at providing general welfare and in particular, granting funding to science and technology. It shall be aimed at guaranteeing the daily needs of people and ensuring a dignified life. Monopoly is prohibited by law. Labor rights and sustainable development are guaranteed.

Article 40 Everyone has the right to liberty of movement and freedom to choose their residence within the Autonomous States.

Article 41 The enumeration of the rights and freedoms set forth in Part III is non-exhaustive.

Part IV. Legislative Assembly

Article 42 The Legislative Assembly of the Autonomous Provinces is elected by the people by direct ballot and the duration of the course is four (4) years.

Article 43 The first meeting of the Legislative Assembly shall be held no later than the 16th day following the announcement of the final results of elections in all Autonomous Provinces. Such results will be certified and announced by the High Commission of Elections. The President of the Transitional Executive Council will convene the first meeting of the Legislative Assembly. If compelling reasons dictate that its first meeting cannot be so held, the President of the Transitional Executive Council will determine another date to be held within fifteen (15) days. Quorum is met by fifty plus one (50 + 1) percent attendants of the total. The oldest member of the Legislative Assembly will chair its first meeting at which the Co-Presidents and Executive Council will be elected. The sessions of the Legislative Assembly are public unless necessity demands otherwise. The movement of the Legislative Assembly into a closed session is governed by its rules of procedure.

Article 44 There shall be one member of the Legislative Assembly per fifteen thousand (15,000) registered voters residing within the Autonomous Provinces. The Legislative Assembly must be composed of at least forty (40) percent of either sex according to the electoral laws. The representation of the community, as well as youth representation in the election lists, is governed by electoral laws.

Article 45 1. No member of the Legislative Assembly may run for more than two consecutive terms. 2. The term of the Legislative Assembly may be extended in exceptional cases at the request of one quarter (1/4) of its members or at the request of the Office of the Co-Chair of the Assembly, with the consent of two-thirds (2/3) of the members of the Assembly. Such extension shall be for no longer than six (6) months.

Article 46 Every person who has reached the age of eighteen (18) years is eligible to vote. Candidates for the Legislative Assembly must have attained the age of eighteen (18) years. Conditions for candidacy and election are stipulated by electoral law.

Article 47 Members of the Legislative Assembly enjoy immunity in respect of acts and omissions carried out in the function of official duties. Any prosecutions require the authorization of the Legislative Assembly, with the exception of flagrant crimes. At the earliest opportunity, the Office of the President of the Judicial Council shall be informed of all pending prosecutions.

Article 48 No member, during their term of office, is permitted any public, private, or other profession. Such employment is suspended once the member makes the constitutional oath. The member has the right to return to their job, with all its rights and benefits, once the membership ends.

Article 49 Municipal Assemblies in each of the Autonomous Provinces shall be formed through direct elections.

Article 50 The functions of the Legislative Assembly are to: • Establish rules and procedures governing the work of the Legislative Assembly; • Enact legislation and proposed regulations for the Local Councils and other institutions, including permanent and ad hoc committees, under its purview; • Exercise control over administrative and executive bodies, including use of powers of review; • Ratification of international treaties and agreements; • Delegate its powers to the Executive Council or to one of its members and thereafter withdraw such powers; • Declare a state of war and peace; • Ratify the appointment of members of the Supreme Constitutional Court; • Adopt the general budget; • Establish general policy and development plans; • Approve and grant amnesty; • Adopt decrees promulgated by the Executive Council; and • Adopt laws for the common governance of the Provincial Councils of the Autonomous Provinces.

Part V. Executive Council

Article 51 Co-Presidents: The Co-Presidents, together with the Executive Council of the Autonomous Provinces, hold executive authority as set forth in this Charter.

Article 52 The candidate for the post of Co-Presidents must: • Be over eighteen (18) years of age; • Be a Provincial citizen and a resident of that Province; and • Have no convictions or cautions.

Article 53 The procedure governing the candidacy and election of the Co-Presidents is as follows: 1. Within thirty (30) days of the first session of the Legislative Assembly, its Co-Chairs must call for the election of the Co-Presidents. 2. Requests to nominate candidates for the position of Co-Presidents must be made, in writing, to the Supreme Court, which shall examine and accept or reject not later than ten (10) days after the close of nominations. 3. The People shall elect the Co-Presidents by a simple majority. 4. If no candidate receives the required simple majority, a second electoral round is initiated, with the candidate receiving the highest number of votes, being elected. 5. The term of the Co-Presidents is four (4) years from the date of the taking of the Oath of Office. 6. The Co-Presidents make the Oath of Office before the Legislative Assembly before commencing official duties. 7. The Co-Presidents appointed one or more Deputies, approved by the Legislative Assembly. The Deputies take an Oath of Office before the Co-Presidents, after which specified functions may be delegated to them. 8. Should the Co-Presidents be unable to fulfill their official functions, one of the Deputies shall replace the Co-Presidents. 9. Where the Co-Presidents and the Deputies are unable to fulfill their duties for any reason, the tasks of the Co-Presidents will be carried out by the Co-Chairs of the Legislative Assembly; and 10. The Co-Presidents must address any letter of resignation to the Legislative Assembly.

Article 54 The powers and functions of the Co-Presidents: • The Co-Presidents shall ensure respect for the Charter and the protection of the national unity and sovereignty, and at all times perform their functions to the best of ability and conscience; • The Co-Presidents shall implement laws passed by the Legislative Assembly, and issue decisions, orders, and decrees in accordance with those laws; • The Co-Presidents must invite the newly elected Legislative Assembly to convene within fifteen (15) days from the announcement of the election results; • The Co-Presidents may grant medals; • The Co-Presidents may issue amnesties as recommended by the Executive Council; and • The Co-Presidents are responsible to the people through their representatives in the Legislative Assembly.

Article 55 The Legislative Assembly has the right to bring the Co-Presidents before the Supreme Constitutional Court for charges of treason and other forms of sedition.

Article 56 The Executive Council: The Executive Council is the highest executive and administrative body in the Autonomous Provinces. It is responsible for the implementation of laws, resolutions, and decrees as issued by the Legislative Assembly and judicial institutions. It shall coordinate the institutions of the Autonomous Provinces.

Article 57 The Executive Council is composed of the Co-Presidents, representatives, and committees.

Article 58 The party or bloc winning a majority of seats in the Legislative Assembly shall form the Executive Council within one month from the date of assignment, with the approval of the simple majority (51 percent) of the members of the Legislative Assembly.

Article 59 The Co-Presidents of the Executive Council shall not serve more than two consecutive terms, each term being four (4) years in length.

Article 60 The Co-Presidents of the Executive Council may choose advisers amongst the newly elected members of the Legislative Assembly.

Article 61 Each adviser shall be responsible for one of the bodies within the Executive Council.

Article 62 The work of the Executive Council, including the Departments, and their relation to other institutions/committees, is regulated by law.

Article 63 After the formation and approval of the Executive Council, it shall issue its prospective Program of Government. Following its passage through the Legislative Assembly, the Executive Council is obliged to implement the Program of Government during that legislative term.

Article 64 Senior civil servants and Department representatives shall be nominated by the Executive Council and approved by the Legislative Council.

Part VI. The Judicial Council

Article 65 The independence of the Judiciary is the founding principle of the rule of law, which ensures a just and effective disposition of cases by competent and impartial courts.

Article 66 Everyone charged with a criminal offense shall be presumed innocent until and unless proven guilty by a competent and impartial court.

Article 67 All institutions of the Judicial Council must be composed of at least forty (40) percent of either sex.

Article 68 The right to defense is sacred and inviolable at all stages of an investigation and trial.

Article 69 The removal of a judge from office requires a decision from the Judicial Council.

Article 70 Judgments and judicial decisions are issued on behalf of the people.

Article 71 Failure to implement judicial decisions and orders is a violation of the law.

Article 72 No civilian shall stand trial before any military court or special or ad hoc tribunals.

Article 73 Searches of houses and other private property must be done in accordance with a properly executed warrant, issued by a judicial authority.

Article 74 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of their rights and obligations and of any criminal charge against them.

Article 75 No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of their liberty except on such grounds and in accordance with such procedures as are established by law.

Article 76 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 authorities has an enforceable right to compensation.

Article 77 The Judicial Council is established by law.

Part VII. The High Commission of Elections

Article 78 The High Commission of Elections is an independent body competent to oversee and run the electoral process. It is composed of eighteen (18) members, representing all municipalities, who are appointed by the Legislative Assembly.

Article 79 1. Decisions in the Commission require a qualified majority of eleven (11) votes. 2. Members of the High Commission of Elections may not stand for office in the Legislative Assembly or Executive Council. 3. The High Commission of Elections determines the date on which elections are held, the announcement of the results, and receives the nominations of eligible candidates for the Legislative Assembly and Executive Council. 4. The High Commission of Elections verifies the eligibility of candidates seeking election to the Legislative Assembly and Executive Council. The High Commission of Elections is the sole body competent to receive allegations of electoral fraud, voter intimidation, or illegal interference with the process of an election. 5. The High Commission of Elections is monitored by the Supreme Court and may be monitored by observers from civil society organizations; and 6. The High Commission of Elections, together with the Judicial Council, shall convene a meeting of all candidates seeking election to the Legislative Assembly and Executive Council to announce the names of eligible candidates.

Part VIII. The Supreme Constitutional Court

Article 80 1. The Supreme Constitutional Court is composed of seven (7) members, all of whom are nominated by the Legislative Assembly. Its members are drawn from judges, legal experts, and lawyers, all of whom must have no less than fifteen (15) years of professional experience. 2. No member of the Supreme Constitutional Court shall be eligible to serve on the Executive Council or in the Legislative Assembly or to hold any other office or position of emolument, as defined by law; and 3. A member’s term of office runs for four (4) years. No member may serve more than two (2) terms.

Article 81 The functions of the Supreme Constitutional Court: 1. To interpret the articles and underlying principles of the Charter. 2. To determine the constitutionality of laws enacted by the Legislative Assembly and decisions taken by the Executive Council. 3. To judicially review legislative acts and executive decisions, where such acts and decisions may be in conflict with the letter and spirit of the Charter and the Constitution. 4. State Governors, members of the Legislative Assembly, and the Executive Council may be brought before the Supreme Constitutional Court when alleged to have acted in breach of the Charter. 5. Its decisions are reached through a simple majority vote.

Article 82 A member of the Supreme Constitutional Court shall not be removed from office except for stated misbehavior or incapacity. The provisions and procedures governing the work of the Supreme Constitutional Court shall be set out in a special law.

Article 83 Procedure for determination of the constitutionality of laws: 1. The decision for the non-constitutionality of any law will be as follows: a) Where, prior to a law’s enactment, more than twenty (20) percent of the Legislative Assembly objects to its constitutionality, the Supreme Constitutional Court is seized of the matter and shall render its decision within fifteen (15) days; if the law is to be urgently enacted, a decision shall be rendered within seven (7) days. b) Where, following the rendering of the judgment of the Supreme Constitutional Court, more than twenty (20) percent of the Legislative Assembly still objects to its constitutionality, an appeal may be lodged. c) If, on appeal, the Supreme Constitutional Court rules the law to be enacted as unconstitutional, the law shall be considered null and void. 2. If an argument is raised in a court concerning the constitutionality of a law as follows: a) If parties to a case raise a challenge to the constitutionality of a law and the court so holds, the matter is stayed while it is referred to the Supreme Constitutional Court. b) The Supreme Constitutional Court must deliver its judgment within thirty (30) days.

Part IX. General Rules

Article 84 The Charter applies within the Kalea Confederation and the three Autonomous Provinces. It may only be amended by a qualified majority of two-thirds (2/3) of the Legislative Assembly.

Article 85 The Charter shall be laid before the Transitional Legislative Assembly for review and ratification.

Article 86 State citizens holding dual nationality are barred from assuming leading positions in the Office of the Co-Presidents, the Executive Council, and the Supreme Constitutional Court unless their dual nationality is renounced prior to assuming office.

Article 87 The Charter sets out the legislative framework through which laws, decrees, and states of emergency shall be formally implemented.

Article 88 Elections to form the Legislative Assembly shall be held within four (4) months of the ratification of the Charter by the Transitional Legislative Assembly. The Transitional Legislative Assembly retains the right to extend the time period if exceptional circumstances arise.

Article 89 The Oath of Office to be taken by anyone assuming leading positions: “I solemnly swear, in the name of People of the Kalea Confederation and of the Provinces, to abide by the Charter and laws of the Autonomous Provinces, to defend the liberty and interests of the people, to ensure the security of the Autonomous Provinces, to protect the rights of legitimate self-defense and to strive for social justice, in accordance with the principles of democratic rules enshrined herein.”

Article 90 All governing bodies, institutions, and committees shall be made up of at least forty (40) percent of either sex.

Article 91 Criminal and civil legislation of the Kalea Confederation is applicable in the Autonomous Provinces except where it contradicts provisions of this Charter.

Article 92 In the case of conflict between laws passed by the Legislative Assembly and legislation of Municipal/Provincial Assemblies, the Supreme Constitutional Court will rule upon the applicable law, based on the best interest of the Autonomous Provinces.

Article 93 The Charter guarantees the protection of the environment and regards the sustainable development of natural ecosystems as a moral and sacred national duty.

Article 94 The educational system within the Autonomous Provinces rejects prior education policies based on discriminatory principles. Founded upon the values of reconciliation, dignity, and pluralism. 1. The new educational curriculum of the Provinces shall recognize the history, culture, and heritage of the peoples of the Autonomous Provinces. 2. The education system, public service channels, and academic institutions shall promote human rights and democracy.

Article 95 1. The Charter enshrines the principle of separation of religion and state. 2. Freedom of religion shall be protected. All religions and faiths in the Autonomous Provinces shall be respected. The right to exercise religious beliefs shall be guaranteed, insofar as it does not adversely affect the public good.

Article 96 1. The promotion of cultural, social, and economic advancement by administrative institutions ensures enhanced stability and public welfare within the Autonomous Provinces. 2. There is no legitimacy for authority that contradicts this charter.

Article 97 Martial law may be invoked and revoked by a qualified majority of two-thirds (2/3) of the Executive Council, in a special session chaired by the Co-Presidents. The decision must then be presented to and unanimously adopted by the Legislative Assembly, with its provisions contained in a special law.

Article 98 The Executive Council Bodies are: 1. Body of Foreign Relations. 2. Body of Defense. 3. Body of Internal Affairs. 4. Body of Justice. 5. Body of Cantonal and Municipal Councils, and affiliated to it, Committee of Planning and Census. 6. Body of Finance, and affiliated to it: a) Committee on Banking Regulations; and b) Committee of Customs and Excise. 7. Body of Social Affairs. 8. Body of Education. 9. Body of Agriculture. 10. Body of Energy. 11. Body of Health. 12. Body of Trade and Economic Cooperation. 13. Body of Martyrs' and Veterans' Affairs. 14. Body of Culture. 15. Body of Transport. 16. Body of Youth and Sports. 17. Body of Environment, Tourism, and Historical Objects. 18. Body of Religious Affairs. 19. Body of Family and Gender Equality. 20. Body of Human Rights. 21. Body of Communications. 22. Body of Food Security.

Article 99 The Charter shall be published in the media and press within fifteen (15) days of its ratification.

Part X. Amendments

Article 100 Provincial Administrative Councils [hereinafter “Municipal Councils”]: • The Counties of the Autonomous Provinces are composed of Municipal Councils and are managed by the relevant Provincial Council which retains the power to amend its functions and regulations; • The powers and duties of the Municipal Councils are founded upon an adherence to a policy of decentralization. The Provincial Council’s supervision of the Municipal Councils’ authority, including its budget and finance, public services, and mayoral elections are regulated by law; and • Municipal Councils are directly elected by the public, using a secret ballot. • The candidates for the Municipal Councils must: Be over eighteen (18) years of age; Be a Provincial citizen and a resident of that Province; Be a Municipal citizen and a resident of that Municipality; Have no convictions or cautions.

Article 101 Article 86 is hereby repealed in its entirety on the grounds of unconstitutionality.