Constitution of Rwizikuru, 1946

The Constitution of Rwizikuru, 1946 (weRwizi: Bumbiro reRwizikuru) was the governing government of the Republic of Rwizikuru during its existence from 1946 to 1964, when the republic was abolished by President Izibongo Ngonidzashe and replaced with the current monarchy, with the constitution itself replaced by the Basic Law of Rwizikuru.

Drafted between February 1946 and April 1946 by the Rwizikuran Constitutional Convention, it was approved by the Legislative Council on 26 April, 1946, and went into effect on 2 July, 1946. Over the next eighteen years, the constitution of the Republic had been amended eight times, in response to various challenges to the republic.

Constitution (original text, 1946)

Preamble

For over three hundred years, we have been exploited by Eucleans, whether they came in the form of Estmerish slavers, Gaullican settlers, or many others

For over three hundred years, we were mistreated, abused, and looked down upon by Eucleans, and saw our countrymen and our resources sold abroad, with little of the proceeds coming back to us

Despite all the hardships that we have endured for over three hundred years, we have persevered through the hardships, and triumphed over all our enemies

Now, we have received our promised reward: to proclaim the establishment of the Republic of Rwizikuru as a free, independent, and sovereign country!

Chapter 1: Governance

Article 1: Presidency

• §1 The head of state shall be the President
  • §1a He shall be elected every four years by all citizens over the age of twenty-one (21) years, and may be re-elected exactly once
  • §1b The President must be a citizen over the age of twenty-one (21) years
• §2 He shall serve as the:
  • §2a Head of state of the Republic
  • §2b Head of government of the Republic
  • §2c Commander-in-chief of the Armed Forces
  • §2d Thus, he will have all the duties and responsibilities of these three roles, depending on the situation at hand

Article 2: National Assembly

• §1 The national legislature of the Republic shall be designated as the National Assembly
  • §1a The National Assembly shall have 150 legislators, with their distributions subject to change after every decennial census
    • i) The seat distribution for the first and second national assemblies, elected both this year, and in 1950, shall be listed in #Seat distributions
    • ii) There shall be 150 districts, with each legislator representing one district
  • §1b The National Assembly shall be elected every four years by all citizens over the age of twenty-one (21), and all candidates must be citizens over the age of twenty-one (21)
    • i) Legislative elections shall be held concurrently with the Presidential elections
• §2 The National Assembly is empowered to pass any legislation, providing that it does not conflict with this constitution
• §3 The National Assembly must meet at least once every twelve (12) months

Article 3: Judiciary

• §1 The legal system of the Republic of Rwizikuru shall be common law
  • §1a All laws passed by the Estmerish authorities shall remain in effect until otherwise repealed
• §2 The court system shall be organized as such:
  • §2a Magistrates' courts, empowered to hear cases involving summary offences, or any instance of juvenile delinquency
  • §2b District courts, empowered to hear cases involving civil and family law
  • §2c Courts of the Assizes, empowered to hear cases involving indictable offences, and appeals from both the magistrates' courts and the district courts
  • §2d High Court, empowered to hear appeals from the Assizes
  • §2e Military courts, empowered to hear cases committed in the armed forces, regardless of whether it is a summary or indictable offence
  • §2f Court of Appeals, empowered to hear appeals from all lower courts
  • §2g Supreme Court of Rwizikuru, the court of last resort, and hearing appeals from the Court of Appeals
    • i) The Supreme Court shall comprise of nine members, appointed by the President on the advice of his cabinet, and approved by the National Assembly with a three-fifths (3/5ths) majority
    • ii) The Supreme Court shall be empowered to conduct judicial review in the event it is unclear that the law conflicts with the constitution

Article 4: Administrative divisions

• §1 The Republic of Rwizikuru shall be divided into twelve (12) districts, with the borders standing as they were prior to independence
  • §1a The government has the right to rename the districts to their native names without altering the constitution
• §2 The powers of the districts shall be any power that the government deems fit to delegate to the districts via law
• §3 Chiefs of the districts shall be appointed by the President, with consultation from the cabinet, although with a 2/3rds majority, the National Assembly may overrule the candidate

Chapter 2: Rights and freedoms

Article 1: Languages

• §1 The official languages of the Republic of Rwizikuru are weRwizi and Estmerish
• §2 All citizens have the right to receive governmental services, information, and to be educated in their official language, and that no person shall be discriminated based on which official language they speak

Article 2: Religion

• §1 In light of the existence of Sotirian and Irfanic communities, with varying sects among both of them, the Republic of Rwizikuru declares that all people have the right to practice their faith in a legal manner

Article 3: Democratic rights

• §1 All citizens who are over the age of 21 have the right to vote and run for office, unless convicted of treason or sedition

Article 4: Legal rights

• §1 All people in the Republic of Rwizikuru have the right to life, liberty, and security
• §2 All people in the Republic shall have the right to be protected from unreasonable search and seizure
• §3 No person in the Republic may be detained arbitrarily
• §4 All people in the Republic shall have the right to legal counsel and to be guaranteed habeas corpus
• §5 All people in the Republic shall be presumed innocent until proven guilty in a court of law
• §6 All people in the Republic shall be protected from cruel and unusual punishment and from incriminating themselves
• §7 All people in the Republic shall be treated equally in a court of law

Article 5: Fundamental freedoms

• §1 All people in the Republic of Rwizikuru have the right to the freedoms of speech, of thought, and of expression
• §2 All people in the Republic shall have freedom of the press to report on pressing issues unmolested by government or by any private citizen
• §3 All people in the Republic shall have the right to engage in free association and assemble in public spaces
• §4 All persons have the right to own property, and to not have their property seized, unless duly compensated

Chapter 3: Amendments and limitations

Article 1: Amendments

• §1 Any amendment must first be proposed in the National Assembly
• §2 Amendments require:
  • §2a a three-fifths (3/5s) majority to alter any article in the first chapter of this constitution, excluding the fourth article of the first chapter, as well as the fourth chapter, and any amendment
  • §2b a two-thirds (2/3rds) majority to alter the fourth article of the first chapter of this constitution
  • §2c a three-quarters (3/4s) majority to alter any article in the second chapter of this constitution
  • §2d a four-fifths (4/5ths) majority to alter any article in this chapter of this constitution
• §3 The President has the discretion to approve the amendment, or not:
  • §3a If the President grants assent, it shall enter into force immediately
  • §3b Else, it returns to the assembly, where the National Assembly has to override the veto with three-quarters (3/4s) of the members voting: if they fail to do so, the amendment fails

Article 2: Limitation clause

• §1 In the event that passed legislation violates the constitution, and it is declared unconstitutional by the Supreme Court, it must review whether the legislation can still remain in effect
• §2 The government has the duty to prove during the review that the benefits of the offending legislation outweigh any substantial risks
• §3 Should the Supreme Court accept the government's arguments, the legislation will stay in effect, even if it is declared unconstitutional

Article 3: State of emergency

• §1 In the event of insurrection or a natural disaster, the government has the power to declare a state of emergency
  • §1a The state of emergency can last up to one hundred and eighty (180) days, before it has to be renewed by the National Assembly, though it may be renewed as many times as necessary to deal with the situation
• §2 During a state of emergency, the government has the power to suspend any part of the constitution, and to implement martial law

Chapter 4: Technical details

Article 1: Language

• §1 This constitution shall be valid in any official language
• §2 In the event of a dispute as a result of translation, the Estmerish version takes priority over the weRwizi version

Article 2: Citation

• §1 This document may be cited as the Constitution of Rwizikuru, or the Constitution of Rwizikuru, 1946

Amendments

Additional articles (July 1946)

Article 1: Seat distributions

Pursuant to the second article of the first chapter, the seats shall be distributed among the districts proportional to their populations in the 1941 census

• Fitzhubert shall receive thirty-seven seats
• Olongaland shall receive thirty seats
• Plateau shall receive eighteen seats
• Zakawanda shall receive seventeen seats
• Graham shall receive thirteen seats
• Chekumabazuva shall receive eleven seats
• Hunizakafa shall receive eight seats
• Sungirai shall receive five seats
• South Sangoguru shall receive four seats
• Mumbengewi shall receive four seats
• North Sangoguru shall receive two seats
• Nyikaitsva shall receive one seat

Article 2: National symbols

• §1 The flag of the Republic of Rwizikuru shall comprise of:
  • §1a Three horizontal stripes of black, red, and green
    • i) Black shall represent the subcontinent of Bahia, the Bahians, and the soil of the Rwizi River
    • ii) Red shall represent the blood shed by Rwizikurans during the Great War, as well as in their struggle for independence from Estmere
    • iii) Green shall represent the nature of Rwizikuru, and the fertility of the nation
  • §1b There shall be two red stars at the corners of the flag, representing our socialist goals
    • i) The upper left star shall represent anti-imperialism and the efforts of the Rwizikuran National Movement to end colonial rule
    • ii) The lower right star shall represent socialism, and our desire to be part of the socialist community of nations, while adapting it to conditions in Bahia
• §2 The official seal of the Republic of Rwizikuru shall depict a right-facing silver elephant head on a green shield, with no crown or supporters
• §3 The national anthem of the Republic of Rwizikuru shall be Pasi pemureza wenyika yedu

Article 3: Citizenship

• §1 A citizen of Rwizikuru shall be defined as being:
  • §1a Any person who is an Estmerish national by virtue of their connection to the colony of Riziland, and their descendants
  • §1b Any Estmerish citizen present in the colony of Riziland who has expressed their intention to stay in Rwizikuru following its independence from Estmere on 2 July, 1946, and their descendants
  • §1c Any person present in the territory of Rwizikuru on 2 July, 1946, who lacked any other nationality
  • §1d Any person who has migrated to the Republic of Rwizikuru, who has resided for five continuous years, and who has passed a citizenship exam
  • §1e Any person who has been granted citizenship by the National Assembly of the Republic

First Amendment (November 1946)

Wishing to reflect the reality of a sovereign nation, with a sovereign language, we declare that:

• §1 The second section of the first article of the fourth chapter shall be revised, so that the weRwizi text shall take precedence over the Estmerish text
• §2 Estmerish language instruction is to be phased out to only a single subject across all schools, with students to be taught in Estmerish only in areas with a sizable Estmerish-speaking population

Second Amendment (August 1951)

Wishing to defuse tensions in Yekumavirira over the status of the Wopoto, and wishing to include them in the body politic, we declare that:

• §1 The second section of the first article of the second chapter will be interpreted so to guarantee that Wopoto children be educated in the Wopoto language in infant school
• §2 The aforementioned section shall also be interpreted so to guarantee that in Yekumavirira, students shall be taught Gaullican throughout their education

Third Amendment (August 1954)

Concerned of the destabilizing role of having multiple languages in our educational system,

Wishing to encourage the development of a single national consciousness in the Rwizikuran nation

To achieve these aims, we declare that:

• §1 The weRwizi language shall be the sole language of instruction in all schools across the Republic
• §2 Estmerish and Gaullican may be taught as subjects, but no school using the national curriculum shall teach all their subjects in any language excluding the weRwizi language

Fourth Amendment (November 1954)

With an influx of refugees fleeing persecution for their Sotirian faith in Nasana arriving in our country

Concerned that these refugees will not be able to start meaningful lives in the Republic of Rwizikuru due to the distribution of the land

Therefore, we declare that:

• §1 The government shall be able to seize lands of vacant Irfanic landlords without compensating them, with the aim to provide the refugees with land to start new lives

Fifth Amendment (June 1956)

With increasing security problems in Yekumavirira, it has become clear that having the President serve four years in office is no longer adequate to resolve these problems

Therefore, we declare that:

• §1 Amends subsection a of the first article of the first chapter of the constitution, to extend the President's term from four years to five years
• §2 Maintains the two-term limit already in place

Sixth Amendment (February 1960)

Concerned about the increasing radicalism among the Irfanics in Yekumavirira

Noting the incidence of Irfanic preachers advocating for secession in many mosques

Wishing to combat these actions, we declare that:

• §1 All mosques in the Republic shall be closed down for advocating illegal activities, excluding the listed mosques:
  • §1a The Vieille mosquée Mosque in Saint-Germain
  • §1b The Grande mosquée Mosque in Saint-Germain
  • §1c The Vatengesi Mosque in Port Fitzhubert

Seventh Amendment (May 1961)

Over the past fifteen years, we have noticed increasing activity of Euclean corporations exploiting our natural resources and giving us little in compensation

We have also noticed the high dependence of the Republic of Rwizikuru on foreign aid, which threatens to undermine our sovereignty

Therefore, to counteract these two threads, we declare that:

• §1 All foreign enterprises operating in the Republic of Rwizikuru shall pay heavy taxes on all their operations, with the intention of ensuring that the wealth goes towards our country, and not to the elites in Ashcombe
• §2 No further foreign aid shall be accepted by our government

Eighth Amendment (October 1964)

With the decreasing security situation in our country as a result of Euclean spies and saboteurs, and as a result of the Yekumavirira Liberation Movement's activities, it has become abundantly clear that the Republic of Rwizikuru can no longer operate without substantial changes

Therefore, we declare that:

• §1 The establishment of an absolute monarchy, with the incumbent President becoming the Mambo
• §2 The implementation of a basic law to supplant and supersede this constitution, in order to be able to deal with the situation in Rwizikuru