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Biafra Charter The Charter Constituting The Government of the Federation of Biafra Table of Contents1. Definition of Charter _________________________________________________________32. Purpose of Charter ___________________________________________________________33. Organization of Charter _______________________________________________________34. Biafra Charter Authorization ___________________________________________________45. The Federal Structure of the Transitional Government of Biafra _______________________4A. The Federal Government________________________________________________5a. Ministerial/President______________________________________________6b. Vice President___________________________________________________7c. Ministerial Cabinet_______________________________________________8B. Provincial Governments________________________________________________10a. Representation of Provincial Governments ___________________________111) Provincial Council________________________________________11 b. County Governments____________________________________________ 13C. Judiciary____________________________________________________________13a. Superior Court__________________________________________________14b. Appellate Courts________________________________________________14c. Provincial Courts________________________________________________146. Declaration of Nine Basic Laws________________________________________________15A. Identity_____________________________________________________________15B. Rights______________________________________________________________15C. Laws_______________________________________________________________16D. Governance_________________________________________________________16E. Government_________________________________________________________17F. Secularity___________________________________________________________17G. Citizenship/Residency_________________________________________________18H. Responsibility of Citizenship____________________________________________18I. Property Ownership____________________________________________________19J. International Relationships______________________________________________197. Amendments_______________________________________________________________208. Affirmation and approval_____________________________________________________20Biafra CharterThe Charter Constituting the Government of the Nation of BiafraDEFINITION of Charter:This document, the Biafra Charter ("the Charter"), is the organic and foundational agreement for the establishment of a national structure, governance structure, governing authority and a Basic Code of Conduct for the functionaries and citizens of Biafra.The Biafra Charter is a formal instrument which at once constitutes:1. Authority2. Mandate3. Contract4. Memorandum5. Terms of Reference6. Referencefor the matters which are addressed or referenced by the Charter, and granted by the Nation of Biafra, through the collectivity of the communities and citizens of Biafra, to the functionaries and for the functions stated in the Charter.PURPOSE of Charter:1.The primary purpose of the Charter is to establish an enduring national structure, governance structure and Basic Code of Conduct for the citizens and the functionaries, as directed by the citizens of Biafra; which contribute to and inform a future Federal Constitution. 2.In addition, the Charter mandates the immediate formation of a Transitional Government of Biafra (TGB) to serve the citizens of the Nation of Biafra during the period immediately following the restoration of the Biafra Nation, until the time that a federal constitution has been ratified, not to exceed 4 years from the date of ANIZATION of Charter:This document follows the following sections: 1. Biafra Charter Authorization 2. Establishment of the Transitional Government of Biafra (TGB)3. Basic Principles of the TGB4. The Federal Structure of the TGB5. The Declaration of Nine Basic Laws6. AmendmentsI. Biafra Charter AuthorizationWhereas the citizens and Nation of Biafra, and their land and properties, find themselves under physical, sociological, political, economic and psychological subjugation by the State of Nigeria since 1967, a "state of occupation," by Nigeria, of Biafra, has existed and continues to exist.Unwilling to continue to live under such stifling servitude while suffering such indignities as are inappropriate for human beings, Biafra is determined to exercise the natural and legal rights to freedom and liberty,NOW, therefore, We, the citizens of the Federation of Biafra, and the TGB who represents them, have RESOLVED to restore the Declaration of Biafra Independence of May 30, 1967, with all the implications thereof.In re-affirming the Independence of Biafra, the People and Nation of Biafra make neither war, nor peace, with the State or people of Nigeria; rather, we exercise a natural right, a popular right, a political right, and a right supported by United Nations Organization Charter and International laws—the right of Self Determination; In furtherance of this exercise, the Biafra Charter, a formal organ of the citizens and Nation of Biafra, lends authority to, and issues a mandate for, the creation and formation of a Transitional Government of Biafra (TGB).IV. The Federal Structure of the Transitional Government of BiafraThe Transitional Government of Biafra (TGB), shall consist of three (3) governing bodies;A. The Federal GovernmentB. Provincial GovernmentsC. JudiciaryAny member, at any level, of the TGB that is found to have, in the past, or currently engaged, in any unlawful or immoral behavior, as deemed by the laws of the nation, shall be immediately dismissed following written approval of the President and a documented 4/5ths vote of the Superior court and prosecuted according to the laws of the nation.A. The Federal GovernmentThe Transitional Government of Biafra shall function according to the mandates set out by this charter and will perform the following duties; to represent, as a Nation, all the participating Provinces in all areas where such is required and is customary practice of modern sovereign and independent nations, such as: Defense and National SecurityNational air space and international waters establishment and protectionInternational trade International Relationships and DiplomacyInternational Borders, Boundary Definitions and ManagementCitizenship and related issues, including management of passports and visasCurrencyCensusEducationDevelopment and maintenance of infrastructureEnvironmental protectionl) Health Servicesm) Agricultural development and managementn) Transportation serviceso) Tourism p) Social servicesq) Social justice and courtsto enforce federal laws, binding on all Provinces, and to apply and implement such laws uniformly among and within the Provinces;to ensure uniform citizenship rights to every citizen of Biafra across and within the Provinces;to establish and maintain physical and functional systems facilitating the successful creation of a functioning society leading to a federal constitutional government.B. MinisterialSec. 1.1 PresidentThere shall be a Council of Ministers with the First Minister serving as "first among equals." The office and official title of the First Minister shall be "President." During the initial period of the Transitional Government, the President shall be appointed by members of the liberating forces of the nation, with the intention of the President being elected by a majority popular vote of the citizens of Biafra through a free and fair open ballot democratic election, as soon as it is determined feasible or following the 4-year term of the TGB. The President shall have primary executive powers subject to and ratified by this Charter and overseen by the Provincial Council, when established. The President will develop, administer and oversee responsibility for the following functions:1. The President shall have the power to veto legislative measures enacted by the Provincial Council, but such a veto shall be overturned by 3/5ths vote of the Provincial Council.2. Establish and mint currency3. Raise an army; with a 4/5th majority vote of the Provincial Council.4. Develop and maintain diplomatic relations with foreign entities; represent Biafra within the International community, set foreign policySec. 1.2 President Terms of Service1. The initial Term of Service for President will encompass the four-year term of the TGB. Terms thereafter will be determined by a ratified Constitution. 2. The President shall receive compensation as determined by a majority vote of the Provincial Council. No payment shall be lawful from any other source either directly or indirectly. 3. When the President seeks the support of citizens and government officials to take and hold office, no payment shall exchange hands between the citizens and/or officials, and the President, for the purpose of conducting a campaign to promote or advertise one's candidacy. 4. The Transitional Government of Biafra and Ministry of Finance shall be the sole source of campaign finance whose funds shall be distributed equally among qualifying candidates.Section 2.1 Vice PresidentThe Vice President shall be appointed and serve at the pleasure of the President until the time the Provincial Council is established. At that time, the Vice President shall be approved by a 4/5 vote of the Provincial Council and ratification by the President.The Vice President shall hold all executive powers outlined in this charter, of the President, should the President become unable to fulfill the duties of the office.Section 2.2 Vice President Terms of Service1. The initial Term of Service for the Vice President will encompass the four-year term of the TGB or until confirmation by a 4/5ths vote of the Provincial Council and ratification by the President. Terms thereafter will be determined by a ratified Constitution. 2. The Vice President shall receive compensation as determined by a 4/5ths majority vote of the Provincial Council. No payment shall be lawful from any other source either directly or indirectly. 3. When the Vice President seeks the support of citizens and government officials to take and hold office, no payment shall exchange hands between the citizens and/or officials, and the Vice President, for the purpose of conducting a campaign to promote or advertise one's candidacy. 4. The Transitional Government of Biafra and Ministry of Finance shall be the sole source of campaign finance whose funds shall be distributed equally among qualifying candidates.Section 3: Ministerial CabinetSection 3.1: Duties of the Ministerial Cabinet1. Initially, members of the Ministerial Council shall be appointed by the President. Following the creation of the Provincial Council, a 3/5ths majority vote of the Provincial Council is required for appointment and ratification.2. Ministers will develop, implement, maintain and administer any and all duties required to successfully implement the responsibilities of their office as described below:1. Minister of Financea. Budgetb. Treasuryc. Bankingd. Insurancee. Labor Relations2. Minister of Industrya. Food productionb. Miningc. Sportsd. Trade- internal/externale. Aviationf. Energy production/petroleum3. Ministry of the Interiora. Land preservation/Environmental Protectionb. Infrastructure1. Water/sewage2. Electricity3. Telecommunicationsc. Homestead/Land deedsd. Dept. of Motor Vehiclese. Tourismf. Transportation4. Ministry of Securitya. Vettingb. Immigrationc. Customsd. Courtse. Policef. Criminal Justice5. Ministry of the Armed Forcesa. External Security1. Army2. Navy3. Air Forceb. National Guard1. Catastrophe Response2. Military reserves6. Ministry of Human Servicesa. Medical Careb. Child Services/Orphanagesc. Mental Healthd. Hospitals7. Ministry of Educationa. Primary Schoolsb. Secondary Schoolsc. Adult Education1. High School Diploma2. Vocational Educationd. University SystemSection 3:2: Cabinet Ministers Terms of Service1. Initial Ministers will serve the full four-year term of the TGB or until a 4/5ths majority vote is possible in the Provincial Council. Terms of office thereafter will be determined by the ratification of the Constitution.2. The Cabinet Ministers shall receive compensation as determined by a 4/5ths majority vote of the Provincial Council. No payment shall be lawful from any other source either directly or indirectly. 3. When a Cabinet Minister seeks the support of citizens and government officials to take and hold office, no payment shall exchange hands between the citizens and/or officials, and the President, for the purpose of conducting a campaign to promote or advertise one's candidacy. B. Provincial GovernmentsProvincial Governments are designed to ensure autonomy and respect for every culture and their customs; to encourage the unhindered advancement of individual development, and to protect, preserve and respect the rights of ownership and management by each group of its own natural, material and socio-cultural resources; and to ensure adequate and equitable representation both locally and at the federal level, thereby granting power within the provinces and communities and to their citizens.There shall be eleven (11) Provinces, unless and or otherwise amended by the people of Biafra.Residency of a Province shall be automatic for all native peoples and other residents of the Provincial community at the time of creation of the Province; Following creation, residence within a Province for at least one year confers on one residency within that Province. All rights of Citizenship of Biafra shall be upheld by Provincial Governments.The Laws of Biafra’s Federal Government shall take precedence over the laws of Provinces. All rights and functions of Provincial Governments shall be suspended and overseen by the Federal Government, through the Office of the Presidency and Ministry for Security, and their designated appointee, should rights of citizenry or national security be determined at risk by the Presidency and a 4/5ths vote of the Provincial Council.Provincial Governments shall oversee and manage county and local governments within their respective Province.Section 1: Suggested tiers of the Provincial GovernmentProvincial Government (State Government)Chief Executive Officer : GovernorOther elected members: Provincial Council membersCounty Government (Local Government)Chief Executive Office: County Manager Other elected members: County judges, administratorsMunicipal Government (City / Urban)Chief Executive Officer: MayorOther elected members: City Council MemberA. Representation of Provincial Governments in the Federal GovernmentSection 1: Provincial CouncilSection 1.1 Structure of the Provincial CouncilThe Provincial Council shall be comprised of three (3) sitting members from each of 11 proposed Provinces; totaling 33 members following ratification of this Charter and establishment of Provinces. The Council shall develop, monitor, and is responsible for the administration of the following: a.Levy and ratify taxesb.Ratify budget and appropriate revenues for the benefit of the Citizens of Biafra.c.Originate laws for good order according to the laws of the nation, and the conduct of civil society.d.Authorize a Declaration of Ware.Oversee the execution of lawsf. Work seamlessly with and coordinate efforts with all other government agencies g. Develop and oversee operations of Provincial government within its purview.h. Oversee Provincial and local judiciary Section 1.2 Provincial Council Membership and Service:a.The Provincial Council membership is open to any citizen of Biafra in good standing. Members must be at least the age of majority (18 years), and shall be elected by his or her Province to represent that Province.b.Each member of the Provincial Council shall serve a term of three years; for no more than three terms.c. Council members are required to become a full participating member of a minimum of one of seven (7) Cabinet ministries. Council members must attend a minimum of 80% of all meetings and activities of the ministry or ministries to which they are designated. Council members may attend any cabinet meeting, at their discretion, and will be offered the opportunity to be heard at those meetings.d.The Provincial Council shall define the rules of procedure for internal operation..No Provincial Council member shall receive compensation, except as ratified by the Provincial Government being represented. No payment shall be lawful from any other source either directly or indirectly. e. When a Member seeks the support of citizens to take and hold office, no payment shall exchange hands between the citizens and the Member in any manner, for the purpose of conducting a campaign to promote or advertise one's candidacy. f. The Provisional Government of Biafra and Ministry of Finance shall be the sole source of campaign finance whose funds shall be distributed equally among qualifying candidates.Section 1.3 County GovernmentsEach Province shall be made up of Counties which are the equivalent of local government areas and function as such. County governments will be overseen by their respective Provincial Government and shall uphold all laws of that Province and the Federal Government. In the event that the Provincial Government of a county be suspended, oversight of county governments will occur through the designee of the Federal Government. C: JudiciaryInitially, The TGB will use the existing judicial structure to maintain rule of law. As soon as possible after the formation of the Ministerial Cabinet, the following judicial structure will be formed through the Ministry of Security: 1. A general purpose Federal Court of Law shall be established to include a Superior Court and Appellate Courts.2. The Superior Court shall have jurisdiction over all legal matters concerning the Charter and its interpretation. 3. Superior Court will review, adjust, and approve, with a 4/5ths majority vote, all proposed legislation from the Provincial Council, prior to signature of the President, to maintain the integrity of the Charter and the laws of the Nation of Biafra.4. Three (3) Appellate Courts will have jurisdiction over matters of civil and criminal law, in the northern, middle and southern regions of the Nation of Biafra; to be determined following liberation and reorganization. Superior Court decisions can be appealed through the Appellate courts and will override decisions based on a 2/3 majority vote of all three Appellate courts. 5. Decisions made by legitimate Provincial Courts, may be legally challenged by formal appeal to the Appellate Court of the region. Appeals of Appellate Court decisions will be heard in the Superior Court for final judgment. 6. Criteria for placement in any judiciary position requires a minimum of a legitimate law degree, from a recognized university, and a history of strong moral character. Section II: MembershipSection 1: The Superior CourtThe Superior Court shall be comprised of eleven (11) members, one from each proposed Province, serving as a result of nomination by the Provincial Council members of that Province; and subject to approval and ratification by the President. Veto of a Superior Court appointee can be overridden by a 2/3 majority vote of the Provincial Council. Where new Superior Court appointees are required, they shall be appointed by the Provincial Council members of that Province and with the approval of the President. The Superior Court members shall define and determine its rules of procedure and shall be overseen by the Ministry of security.Section 2: Appellate CourtsAppellate Courts will be comprised of judges appointed by their respective Provincial Government; one (1) from each of the Provinces represented by their region, and with the approval of the President. Presidential veto of an Appellate Court appointee can be overridden by a 2/3 majority vote of the Superior Court. All rights and functions of Appellate Courts shall be suspended and overseen by the Superior Court and their designated appointee, should rights of citizenry or national security be determined at risk by the Presidency and a 4/5ths vote of the Provincial Council.Section 3: Provincial CourtsProvincial Court systems will be established and managed by their respective Provincial Government. All rights and functions of Provincial Courts shall be suspended and overseen by the Superior Court and their designated appointee, should rights of citizenry or national security be determined at risk by the Presidency and a 4/5ths vote of the Provincial Council.Section 4: Judiciary terms of serviceInitial Judiciary members will serve the full term of the TGB. Should any member of the Judiciary be found to have, in the past, or currently engaged in any unlawful or immoral behavior, they shall be immediately dismissed following approval of the President and a 4/5ths vote of the Superior court. During the time of the TGB, appointments to Federal Courts require the approval of the President and a 4/5ths majority of the Superior Court. Future Judicial appointments will follow the rules set forth in a ratified constitution of the nation.No judiciary member shall receive compensation, except as ratified by their respective Provincial or Federal Government overseeing body. No payment shall be lawful from any other source either directly or indirectly. When a Member seeks the support of law makers to take and hold office, no payment shall exchange hands between the lawmakers and the Member in any manner, for the purpose of conducting a campaign to promote or advertise one's candidacy. V. Declaration of Nine Basic LawsThe following laws shall be initially, and will remain, the vision and model for the goals of the TGB. Each of the following shall be implemented and managed within the shortest amount of time possible following the liberation and sovereignty of Biafra.1. IdentityIdentity is defined as the characteristics which make a person who they are within the context of the larger world and society; traceable to the larger family of humanity, and personalized to best meet the needs of the individual. The TGB recognizes and supports all rights of individual and/or collective identity. This Charter shall not allow, respect or support any law or laws, which by their nature, application or implementation, diminish or militate against the identity of the individual.2. Rightsa.The fundamental rights of an individual, and their identity, are not earned or assigned, but naturally accrue to the individual by virtue of the fact of the individual's identity as recognized above. The Charter shall not allow, support or respect any arrogation resulting in the deliberate, calculated curbing or denial of such rights. b.The tangible and material aspects of these rights include, but are not limited to:1.Freedom and liberty2.Life and existential fulfillment3.Knowledge, education, and enlightenment and their applications4.Evolution and Creativity5.Ownership and Entrepreneurship Laws[A]The goal of laws is to set common standards and common reasonable boundaries governing relations between or among individuals or parties for their mutual benefit. [B]It is self-evident that all laws are constructed by human beings and for human beings, and are designed to deal with human perceptions, conflicts, uncertainties, anxieties and vulnerabilities. [C]Since laws reflect changing human needs, human understanding and perceptions, laws are not to be static, but are to be reviewed and revised accordingly, always with the goal of protecting the basic and original rights of the individual and respecting the individual's inviolable identity as declared above.[D]Laws shall be made by the collectivity of the people to reflect, not necessarily the majority or the minority, but the best judgment of the people regarding their identity and fundamental rights as declared above. In doing so, the people, through a democratic process, shall devise, design, and revise as necessary, the ways, means and mechanisms of making and amending laws in order to suit the national good and personal needs.[E]No laws shall be imposed or foisted on the people by any institution or persons or principalities or by any other arrangement. The people shall make their own laws through the democratic process, and ratify such laws through that process, and live by those laws.[F]The design of laws and the prescription of consequences of breaking laws shall be guided by the understanding that there is never collectively or individually perfect human behavior, in order to avoid placing undue burdens and oppression on the law-abiding society.[G]The Charter of the government of Biafra may be amended according to rules set by the People; but shall not be suspended for any reason; EXCEPT in times of imminent threat to the security and existence of the nation, and only by 4/5ths decision of the Provincial Council and the approval of the President, and for specified periods not to exceed 60 days, renewable in 6o-day tranches at the discretion of a 4/5ths vote of the Provincial Council; at the request of the President. The situation devolves back to the original Charter should renewals not be granted, or in any other circumstance otherwise. GovernanceFollowing the term of the TGB, the people shall choose how they will govern themselves. Such governance will always function in such a way that it is transparently obvious that in deed and in fact, the people are governing themselves, by themselves. The fact that the people choose a mode or mechanism to effect governance shall never be construed to mean the ceding or handing over of the function, instrument, authority and or power of governance to that mode or its agents and agencies. Such agents and agencies serve only at the discretion and pleasure of the people, and wield as much power as delegated by, and on behalf of the people, ready to relinquish such at the command of the people. Under no circumstances shall the ownership of the power and other trappings and attributes of governance, and governance itself, leave the people or be taken from the ernment[A]The people may choose "Government" as a modality and agency to carry out the powers of governance. Such Government becomes a service whose master is the people, whose terms are determined by the people; a service rendered for the people and to the people, functioning at the pleasure of the people, for as long as the people desire its services. No Government shall be, or shall act as a master over the people, or a master of the people. Above all, no Government shall be independent of the people, or "set itself apart" from the people, or set itself as a parallel process or entity with regards to the people. No persons or agencies working in Government shall "rule" over the people or rule the people, or arrogate to him/her/itself any powers or authorities of rulership of the people or over the people; but such must at all times be servants of, and subordinate to, the people, where full accountability and responsivity are required at all times.[B]The people shall determine the form of Government that suits the people, consistent with the principles declared above, and their options shall not be limited to prevailing styles and forms around the contemporary world.[C]The sole purpose of Government is to facilitate, within the authority, power and resources allocated to it by the people, in every manner feasible, the growth, development and fulfillment of the people in a safe, secure, healthy, and just environment and society.Secularity[A]The Nation of Biafra is founded on the Original Identity Principle that declares the self-evident; that the individual is an expression of the ultimate Original Principle, with Whom or with Which the individual shares and enjoys a unique, unalterable relationship. It is up to the individual to personalize and or personify this relationship according to the individual's understanding.[B]As such, the Nation as a collective does not endorse any particular religion, and freedom of religion-choice, association and worship is guaranteed. The supreme laws that regulate and arbitrate interactional behavior and transactions among citizens of Biafra shall at all times derive from the Nation's constitution, regardless of the parties' religious affiliation.[C]The Nation of Biafra does not recognize as Religions institutions that propagate hatred, bigotry, racism, sexism, violence, and inequality of human beings as their primary doctrine or in any of their doctrine; nor does it recognize as a religion any institutions or institutional practices which do not recognize the fundamental rights of the individual as declared above, or which as a matter of doctrine violates those rights. The Nation of Biafra does not recognize as Religions, or religious institutions, any which preach or practice coercion, including forced conversions or forced membership. No exceptions shall be made just because of the acceptance or classification of such institutions as religions elsewhere.Citizenship/ResidencyImmediately following the liberation of the nation, citizenship shall be granted following an individual’s proof of current residency and completion of the TGB Orientation Program. Citizenship shall be denied to any individual found complicit either currently or in the past of any illegal or immoral behavior. Future decisions regarding citizenship shall be designated through the ratification of a Federal Constitution.Responsibility of CitizenshipThe prime duty and responsibility of every citizen is to know, respect, protect, and to defend the fundamental rights, as declared above, of other citizen(s) and of himself or herself. An integral part of this duty is to make all efforts to ensure that the government and governance are under the direct control of the people at all times and to own and maintain the Sovereignty of the Nation and not cede such to the "State" or to the government.All Citizens of Biafra are required to perform the following responsibilities:a. Uphold the rule of law; b. Vote in all open ballot elections;c. Pay taxes;d. Serve in the military forces when required;e. Conduct themselves according to all laws of the nation and with a high degree of moral integrity in all situations;f. Prevent any and all attempts from a foreign agent or government to disrupt the peaceful existence of the nation.Property OwnershipThe sanctity of rightful ownership of property is to be preserved at all times and in all circumstances, reflected by ownership rights-whether it be physical property, natural property, intellectual property, or any other form or type of property; property of an individual, group(s), institution or organization; or communal, community or government property. The rights of ownership of property include, but are not limited to: a. Control;b. Maintenance;c. Management;d. Disposition Under no circumstances shall the TGB violate such rights; rather, Government will use its judiciary process to determine, validate and or assign rightful ownership in case of dispute or doubt; and to enforce laws, which respect and protect these rights.International RelationshipsThe People, through the office of the President, shall determine the relationship of the Nation of Biafra with other Nations, States and international political unions or organizations of the world. There shall be no incongruity between the attitude of the Citizens and their government, towards any other Nation. Biafra recognizes and respects the rights of individuals from other Nations; and the international rights of such Nations; and expects the same in return. TGB has a strong preference for peaceful International relationships.VI. AmendmentsThis Charter may be modified or amended when necessary following a 4/5ths vote of the Provincial Council and 4/5ths majority approval from the Superior Court. Affirmation and Approval This Charter is hereby authorized and affirmed by the approving hand of Biafra Revolutionary Forces (BRF), the liberating force; indicated by their signatures on the date of approval. The Charter shall come into force immediately upon approval. ................
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