CONSTITUTION OF THE UNITED REPUBLIC OF KIVU Introduction The United Republic of Kivu subscribes to the core values of Constitutional Democracy INDIVIDUAL RIGHTS - Life - Liberty - Freedom of press - Freedom of speech JUSTICE - Due process - Protection against unreasonable search and seizure - Rule of law - Right to a speedy public trial by a jury THE COMMON GOOD - Provide for safety and security - Promote the general welfare CONSTITUTIONAL GOVERNMENT - Majorities have right to make political decisions - Respect for differences - Equal protection of the law - Social equality - Right to vote and seek office - Equal employment opportunity - Equal housing opportunity The United Republic of Kivu is the historical fruit of the struggle of the People which form Kivu for the restoration of its national Independence and full Sovereignty, and the safeguard of the territorial unit of its Traditional Chief Tribes, and the preservation of their unique culture, common history, traditions and common language, Swahili. It is the concretion of their will of living like free People in conformity with their inalienable right to self-determination. The People of Kivu, aware of the imperious necessity of achieving the economic and social development progressively, as well as the invigoration of the state of Right, has decided to adopt the following constitution: Preliminary Chapter ARTICLE 1º. - Kivu is a Republic with form of a Constitutional Democratic Government. The territory of the United Republic of Kivu is indivisible; No portion of its territory can be given. The sovereignty belongs to the people that exercised it in the forms and inside the limits of the Constitution. ARTICLE 2º.- The National territory is divided geographically and administratively in States and County’s, according to expressed Law for the effect. ARTICLE 3º. – The Native Beliefs together with the Christian faith are the complement of the Secular Kivu state. ARTICLE 4º.- Amba, Bemba, Bembe, Bhele, Buyu, Fuliiru, Havu, Hunde, Joba, Kabwari, Kanu, Komo, Kwami, Lega-Mwenga, Lega-Shabunda, Mvuba, Nande, Nyanga, Nyindu, Rwanda, Shi, Songa, Swahili, Talinga-Bwisi, Tembo; are the National languages of the United Republic of Kivu. The Official Government Languages are Swahili and English being the official commercial language of the Republic for trade and international relations. ARTICLE 5º. - The family is the essential base of the society. Their values are those taught by Native Tradition and the Christian religion and the common Nation morals. ARTICLE 6º.- All the citizens are treated in equal form before the law. ARTICLE 7º.- The Armed forces of Kivu guarantee the sovereignty, the national independence and the territorial integrity of the Republic. And they are guarantors of the Constitution. ARTICLE 8º.- It is recognized the right to the creation of political associations in the mark of respect to the Constitution and the common Laws, once obtained the total liberation of the country and concluded the historical stage. Chapter First RIGHTS AND DUTIES OF THE CITIZENS ARTICLE 9º. - The freedom of the people are inviolable. No citizen can be deprived of his freedom but in conformity with the law. ARTICLE 10º. - All citizen are entitled to choose the place of his residence, as well as to circulate freely for the national territory. ARTICLE 11º. - No citizen can remain detainee more than seventy two hours. Expired that term, the citizen will be put in freedom or, in his case, to disposition of the judicial competent authority. In any event, one shows off innocent to the accused while their guilt is not demonstrated. ARTICLE 12º. - The death penalty is prohibited. ARTICLE 13º. - No citizen will be able to be torture object or practical inhuman or contrary to his human dignity. ARTICLE 14º. - All citizen can defend his rights before the judicial competent instances. ARTICLE 15º. - The citizens home is inviolable. Their levelling will always require a written order of the judicial competent authority. ARTICLE 16º. - All citizens are entitled to consent to the public functions in conformity with the approaches and requirements that provide for it in the laws. ARTICLE 17º. - The right to property is a recognized right to all the citizens. The Law regulates this fundamental right. ARTICLE 18º. - The freedom of speech in the mark of the Constitution is guaranteed to all the citizens. ARTICLE 19º. - The defence of the territory is a right and a sacred duty expected from all the citizens. ARTICLE 20º. - The work is a right and a duty that it honours the citizen. The right to rest is guaranteed by the laws, as well as a proper remuneration for the same work. ARTICLE 21º. - The secret of the communications and of the private correspondence it is guaranteed in conformity with the law. ARTICLE 22º. - All citizens have the duty of: - To respect the Constitution, to conform to the laws of the Republic and to respect the institutions of the State. - To respect the public property and the rights of the other ones. - To look after the national unit, for the order and the political stability. ARTICLE 23º. - The State guarantees the protection and the rights of all foreign citizens and goods that are legally established in national territory. Chapter Second SOCIAL AND ECONOMIC RIGHTS ARTICLE 24º. - All citizens are entitled to education and the health attention. ARTICLE 25º. - The State will protect the maternity and the third age and will create the necessary institutions for this objective. ARTICLE 26º. - The State will assure the housing to its the citizens in need. ARTICLE 27º. - The State guarantees to the parents, mothers, widows and children, as well as to the veterans of the liberation war, all its economic and social rights by means of a special Law. ARTICLE 28º. - The State guarantees all the economic and social rights of the prisoners of war and of the victims of the war during the occupation, by means of a special Law. ARTICLE 29º. - The State will look after the protection of the womans political, economic, social and cultural rights, and she will make sure of its participation in the construction of the society and in the development of the country. ARTICLE 30º. - The State will adopt a social security policies directed to protect its senior population and the handicapped and it will elaborate the necessary laws for this end. ARTICLE 31º. - The economy of social and free market is the base of the nations economy. - The state will generate specific laws for the exploitation of all those natural resources of vital importance to assure the economic development of the country. ARTICLE 32º. - Any and all foreign investments in the country will be regulated by Common Law. Chapter Third OF THE GOVERNMENT ARTICLE 33º. - The President of the Republic directs the Governments action. ARTICLE 34º. - The Cabinet or Council of Ministers is an executive organ; and constitutes the Government and is responsible before the President of the Republic, and his functions will be established in accordance to the expressed law. ARTICLE 35º.- The Government establishes the General Budget of the State, as well as the Plan of National Action, which it will subject to the Kivu parliament’s approval. ARTICLE 36º. - The members of the National Government wont be able to exercise any other full time activity different to the official function. ARTICLE 37º. - The Government wont be able to promulgate ordinance-laws without the Parliaments agreement, except for the supposition foreseen in the article 76º. Quarter Chapter OF THE PRESIDENT ARTICLE 38º.- The President of the Republic is the Head of State and Commander General of the Armed forces but not commander of the National Police, has the police force must be an independent body from that of Government. The President main responsibility is to look after the application of the Constitution and it embodies the National Unit, and guarantee at all times by being vigilant that Kivu is well equipped and in proper shape to defend it self and protect its citizens. ARTICLE 39º. - The President designates upon the result obtained by direct universal ballot elections of the Citizens of the Republic a Prime Minister and asks the Prime Minister elected to form the National Government. The Prime Minister elected is then able to select and appoint all those members that he may find fit and ask them to compose its Government and being able to raise them their positions. ARTICLE 40º. – The Prime Minister presides over the National Government. ARTICLE 41º. – The President of the Republic promulgates the laws in the term of fifteen days of their approval form Parliament. ARTICLE 42º. - The President of the Republic during the transitory stage is the President of Movement for the Liberation of Kivu chosen by the General Congress. ARTICLE 43º. - The duration of the Presidents command is of four years. It can be re-elected. ARTICLE 44º. - The Prime Minister has Head of Government, issues the General inherent policies in all areas of national interest. ARTICLE 45º. - The President lends his constitutional oath before the Parliament in the following terms: I ……………………………………….swear for God All Mighty and his Bible, to respect the Constitution of the United Republic of Kivu, and ask is help to guide me for her and to be its guarantor; I will dedicate all my energies to respond to the will and the aspirations of our peoples thirsty for freedom, self rule and justice; I will protect the rights and the freedoms of all citizens; I will veil for the preservation and the integrity of the Kivu territory; I will work for the development and the happiness of the people of Kivu and to be the defend and promote the noble values and traditions of the nation of Kivu, may God be my witness. ARTICLE 46º. - The President appoints the civil and military high office positions and it delegates attributions with expressed resolution for the effect. ARTICLE 47º. - It appoints the diplomatic body and receives the credential letters of the Ambassadors of the foreign countries. ARTICLE 48º. - The President of the United Republic of Kivu, guides the foreign policy and signature or it delegates with expressed resolution the signature of agreements and treaties with other governments as well as with international organizations. ARTICLE 49º. - It grants the reprieve. ARTICLE 50º. - It corresponds to the President of the United Republic of Kivu to declare war upon advice of the Parliament of Kivu and to sign the peace. ARTICLE 51º. - The President denounces and concludes the international treaties without damage to the competitions relative of the Kivu Parliament to the ratification of the same treaties. ARTICLE 52º. - The President grants the national condecorations as well the national honorary titles. ARTICLE 53º. - The position of President of the Republic is incompatible with the exercise of another full time activity different from the official activity. ARTICLE 54º. - The President of the Republic declares the state of exception after consulting with the Government, with the Parliaments speakers and the Constitutional Council, in all cases of serious threat for the security and the stability of the country. ARTICLE 55º. - The exception state wont extend beyond two weeks. In the case of continuation of this period it will be necessary the Parliaments majority agreement Chapter Fifth OF THE PARLIAMENT ARTICLE 56º.- The Parliament is the instance of the Legislative Power in the Republic, and it will be governed according to expressed law and their internal regulations. - The Parliament monitors and controls the National Governments action. ARTICLE 57º. - The members of Parliament are chosen for a four year period. ARTICLE 58º.- The members of Parliament are chosen by universal direct vote and in conformity with the electoral laws and the approaches of parliamentary representation that are based on the number of inhabitants of the counties and the balance among the States of the Country. ARTICLE 59º. - The Parliament will create in its administration has many commissions has it may found to be necessary for the good governance, administration and control of the nations government actions. ARTICLE 60º. - The Parliament chooses his Speaker as well as to his table from among his members. ARTICLE 61º. - The presidents of the different commissions are chosen from the proposal of the Parliaments Speaker. ARTICLE 62º. - The parliamentary commissions will be able to include in their breast all necessary citizens’ non parliamentarians in quality of advisory or technicians. ARTICLE 63º. - Among the Parlia
Posted on: Sat, 02 Aug 2014 16:06:43 +0000
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