TimorConstitution 6De99b

Portugese language version: http://www.oocities.org/queenslanders/novanacao

Draft Constitution for a

Free East Timor

Copyright Michael Darby, 13th January, 1998. First posted to the Internet January 1998. Last amended 2 September 1999. Layout last adjusted 9 Nov 2000. This document may be reproduced unamended, in whole or in part, provided that acknowledgement is given. No payment will be sought or accepted by the author for any use made of this document by a future government of Free East Timor. Copyright will be transferred, on request, to a future Government of East Timor.
FOREWORD This Draft Constitution is suggested for East Timor, and for other nations escaping from the oppression of a foreign invader. This Draft Constitution also applies to nations escaping from the tyranny of a domestic military force, despotic individual or despotic political party. East Timor is a nation for which this Draft Constitution could be suitable, but it should be stressed that the constitutional future of East Timor must be determined by the East Timorese. The purpose of a Constitution is to protect individuals against the government. For a comprehensive explanation of the threat posed to life and liberty by governments, please visit Professor Rummel's site: Death by Government Constitutional Monarchy is chosen as the theme of this Draft Constitution, on the grounds that in the nineteenth and twentieth centuries constitutional monarchy has had a much better record at preserving individual liberty than other forms of government. A presidential republican constitution is technically capable of a similar level of protection for individual liberty in the short term. In the longer term liberty becomes progressively more fragile in republics, for reasons including the temptations of cults of personality. The Weimar Republic is one of many examples of the negative history of republics. So Constitutional Monarchy is favoured. Whether the dictatorship is foreign or domestic, a freedom-seeking population will generally need outside help to achieve liberty; and securing the necessary external assistance will be easier when the freedom seekers can present a document which clearly shows how the new nation will conduct itself when freedom is achieved. The constitution described here is very suitable for a small nation such as East Timor, where there is an urgent need to reassure minority elements that the system will protect their interests. The unitary approach of this draft constitution may be inappropriate for nations where the population exceeds two million, or where there are clear regional differences of economic geography, language or ethnicity. Such nations are likely to need a federal or provincial version of this constitution, so that the system keeps political power close to the people. A federal or provincial system would require an expanded constitution, defining the limits of the powers of the Federal or Central Government, and invalidating purported laws, whether Federal or Provincial, which infringe on individual liberty. The Draft Constitution emphasises the principle that government owns nothing, but holds in trust for the citizens the National Asset. The corollary of this principle is that the income from the National Asset, known as the National Dividend, is shared among all citizens. Provision exists for the distribution of a greater proportion of the National Dividend to individuals unable to provide for themselves. The National Dividend is intended to provide for all a basic livelihood, which cannot be stolen by an avaricious government. The existence of the National Dividend means that there is no need for social welfare, as all the people receive a share in the non-private income of the Nation. Please forward your comments and suggestions to: darby@tpg.com.au
. THE CONSTITUTION CONTENTS
1.	Establishment of this Constitution
2.	Amendment of this Constitution
3.	The name of the Nation
4.	The territory of the Nation
5.	Citizens of the Nation
6.	Permanent Residents of the Nation
7.	National Asset
8.	National Dividend
	8.1	Definition of the National Dividend
	8.2	Application of the National Dividend
9.	The Franchise
10.	The Government
	10.1	Aim of Government
	10.2	Functions of Government
	10.3	The Parliament
		10.3.1	The Sovereign
		10.3.2	The Council of Wisdom
		10.3.3	The House of Approval
		10.3.4	The House of Proposal
	10.4	The Legislative Process
		10.4.1	Acts of Parliament
		10.4.2	Invalidity of Acts of Parliament
	10.5	Powers, Responsibilities and Rights
		10.5.1	The Sovereign
		10.5.2	The House of Approval
		10.5.3	The House of Proposal
	10.6	Resolving Differences between the Houses
	10.7	Limitations on Government
		10.7.1	Currency
		10.7.2	Borrowings
		10.7.3	Commerce

1.	ESTABLISHMENT OF THIS CONSTITUTION This Constitution may be established by an absolute majority of all Citizens of the Nation, voting optionally at a Referendum.

AMENDMENT OF THIS CONSTITUTION

This Constitution may be amended by the passage through the House of Proposal and the House of Approval, of a Constitution Amendment Bill, which is further endorsed by a two-thirds vote of a Joint Sitting of the two Houses, which receives the assent of the Sovereign, and which is then approved in toto by an absolute majority of all Citizens of the Nation, voting optionally at a Referendum.

3.	THE NAME OF THE NATION AND THE FLAG OF THE NATION The Name and Flag of the Nation shall be determined by the Government of the Nation.

4.	THE TERRITORY OF THE NATION The territory of the Nation shall be: All of the former Portuguese Territory of East Timor.

CITIZENS OF THE NATION

The Citizens of the Nation shall comprise:

¨ Persons conceived and born in the Territory of the Nation.

¨ Persons born of not less than one indigenous parent or not less than two indigenous grandparents.

¨ Persons who have purchased National Citizenship on terms laid down by the Government.

6.	PERMANENT RESIDENTS OF THE NATION ¨ All Citizens of the Nation are entitled to be Permanent Residents. ¨ Persons other than Citizens of the Nation may purchase the right to Permanent Residence on terms laid down by the Government.

NATIONAL ASSET

The Government holds the National Asset in trust equally for each citizen of the Nation. It is the obligation of the Government to maintain and preserve the National Asset and to use the National Asset to build and maximise the National Dividend. The National Asset is the total non-private wealth of the Nation. It includes but is not limited to:

¨ Minerals in the ground within the territory of the Nation.

¨ Minerals under the seas within the territorial zone of the Nation.

¨ Minerals dissolved within the seas within the territorial zone of the Nation.

¨ The right of exploration for minerals.

¨ Fish and fisheries in the rivers, estuaries and territorial waters of the Nation

¨ Land not in private ownership and rights over such land.

¨ Rivers dams and estuaries not in private ownership.

¨ Territory suitable for the conduct of military exercises on the territory of the Nation.

¨ The airspace above the Nation

¨ The right to launch, atmospheric, sub-orbital, orbital and trans-orbital vehicles from the territory of the Nation.

¨ The electronic spectrum of the Nation.

¨ The right to install and operate communications links, including cables or all kinds, within the territory of the nation.

¨ The right to generate and distribute electricity using the resources of the Nation.

¨ The right of using the name of the Nation

¨ The geothermal resources of the Nation

¨ The right to visit the Nation.

¨ Territory which can be considered for the disposal or storage of waste.

¨ Territory which can be considered for detention and correction facilities.

¨ The right to become a Permanent Resident of the Nation or a Citizen of the Nation.

¨ Equity vested in the Nation by business firms in return for enjoying the tax-free commercial environment of the Nation. Companies which vest in the Nation a prescribed percentage of their equity, in the form of non-voting stock, are exempt from taxation of the company income. The percentage of equity prescribed from time to time by the Government may not exceed 71/2% of the stock of each company.

¨ Payments received for purchase of Citizenship (seen as capital rather than income).

¨ The potential for Carbon Credits.

¨ Proceeds of the sales of any part of the National Asset.

¨ Other assets, which may be claimed by the Government for the National Asset, subject always to the requirement that the Government shall not make any acquisition for the National Asset by force, fraud or coercion, nor by means other than agreement freely reached and freely made.

8.	NATIONAL DIVIDEND

8.1

Definition of the National Dividend

The National Dividend is the non-private income of the Nation, including:

Fees from Flag of Convenience (FOC) registration of shipping
Dividend income from company equity which has been vested in the Nation
Payments for the right to explore for minerals, based on certainty of tenure
Royalties on mining within the territory of the Nation, not to exceed 2% of the value of minerals won.
Royalties on mining within the territorial seas of the Nation, which shall not exceed 2% of the value of minerals won.
Royalties on fishing within the territorial seas of the Nation, not to exceed 2% of the value of the catch. Payments for the right to advertise on non-private land
Royalties from concessions or monopolies properly granted by the Government Income from fines
Payments received for the right of Residence
Visa fees
Broadcasting licence fees
Payments for the tenancy of diplomatic and defence facilities of other nations
Payments for the right to operate detention, correctional and rehabilitation facilities
Payments for the operation of military training and exercise facilities.
Payments for the right to husband or harvest native fauna and flora.
Income from investments
Landing and launching fees
Sale of Carbon Credits
Landing and launching fees
Fees paid on a quantity basis for pollution discharged into the air, water or soil of the Nation.
Payments for the use of components of the National Asset, not elsewhere listed.

	8.2	Application of the National Dividend
		The Government may direct a maximum of five percent of the National Dividend to the administrative costs of Government Recipients of National Dividend Payments are Citizens of the Nation who are residents of the Nation; their dependants who are residents of the Nation, and orphaned children who are residents of the Nation. National Dividend Payments are calculated by dividing the total National Dividend by the number of recipients, subject to each Recipient being eligible to receive a share proportionately for that part of the year for which the Recipient is eligible. Not earlier than 15th October each year and not later than 15th December each eligible Recipient shall receive in gold or silver coin, or in other form nominated by the individual concerned, the appropriate share of the National Dividend for the year ending on the previous 30th June.

THE FRANCHISE

¨ All adult Citizens of the Nation are entitled to vote to elect the Council of Wisdom.

¨ All adult Citizens of the Nation are entitled to vote at a Referendum.

¨ All adult Citizens of the Nation are entitled to vote for the House of Approval.

¨ All adult Citizens of the Nation, who during the past ten years have lived four years within the territory of the Nation and who have enrolled as electors for a constituency, are entitled to vote for the House of Proposal.

¨ Voting is voluntary and secret, and may be performed electronically.

10.

THE GOVERNMENT

10.1

THE AIM OF GOVERNMENT
The aim of Government is to protect the rights of the people of the Nation.

10.2	THE FUNCTIONS OF GOVERNMENT
	To make laws for enhancing the opportunities of the people of the Nation for health, education and welfare. To hold in trust, equally for all of the people of the Nation, the National Asset. To make laws administering the National Asset and the National Dividend To make treaties which contribute to preserving the territorial integrity of the Nation. To raise the minimal revenue required for performing the functions of government. To grant exploration licences and maintain a register of such licences. To grant licences for mining and the extraction of minerals and to maintain a register of such licences. Establishment of a system for Local Government, as and when needed. Representation abroad of the Nation's interests. National Defence, including training citizens in the techniques of resisting and defeating an invader. Evaluation of tenders Insuring fragile components of the National Asset against natural or human-induced disaster (for example protecting non-private forests against fire). To invite and award tenders for the performance of administrative functions including:
		Census Electoral Roll creation and maintenance Conduct of elections Governmental accounting Policing functions Operation of civil courts to resolve disputes of contract and provide compensation for torts. Operation of criminal courts, the principal aim of which shall be compensation of the victims of crime at the expense of the perpetrators Maintenance of registers of licences for minerals exploration and extraction. Revenue collection Administration of the National Asset Distribution of the National Dividend, with the responsibility of protecting the interests of widows and orphans.

10.3

THE PARLIAMENT

The functions of Government are vested in a Parliament consisting of the Sovereign, the House of Approval and the House of Proposal. Each Parliamentary term begins at the declaration of the poll for an election of the House of Proposal. A session of the Parliament is defined by the Government, and shall not exceed twelve months.

10.3.1

The Sovereign

The initial Sovereign of the Nation is chosen by the Council of Wisdom.
On accession the Sovereign nominates an Heir who must be an adult and who requires the approval of the Council of Wisdom.
The Sovereign serves until demise or abdication or incapacity, whereupon the Sovereign is succeeded by the Heir.
The Sovereign is provided with an official residence, such residence being part of the National Asset, and receives ten shares of the National Dividend.
The Heir receives three shares of the National Dividend.
Neither the Sovereign nor the heir may be a Member of the House of Proposal, and the Sovereign may not be a Member of the House of Approval other than as ex-officio President.
The Sovereign is ex-officio the President of the House of Approval, and occupies the Chair of the House of Approval at the opening and closing of each session of the Parliament. At other times, the Sovereign delegates the Presidency of the House of Approval to a Vice-President elected by the House of Approval.
The Sovereign administers the oath of office to the Chief Minister and Ministers.
When travelling abroad, the Sovereign represents the interests of the Nation, as interpreted by the Government.

10.3.2

The Council of Wisdom

The Council of Wisdom is the first body to come into being upon the establishment of the Nation.
Decisions taken by an unelected Council of Wisdom prior to the conduct of the first election of the Council of Wisdom, shall continue in effect only if ratified by the elected Council of Wisdom
The Council of Wisdom consists of ten persons elected for life by proportional representation.
The Council of Wisdom appoints the first Sovereign, and, electing from among its number an interim Chief Minister, conducts the business of Government in lieu of the Houses of Parliament until the first election, within twelve months, of the inaugural House of Approval and the inaugural House of Proposal.
Decisions made by the Council of Wisdom prior to the first election of the House of Approval and the House of Proposal, shall remain in effect only if ratified by the Parliament within six months of the first election of the House of Approval and the inaugural House of Proposal
Members of the Council of Wisdom may individually or collectively tender advice to the Sovereign.
When the membership of the Council of Wisdom shall be reduced by death or incapacity to five persons, a new election is held by proportional representation, concurrently with the next election for the House of Proposal, to restore the number of the members of the Council of Wisdom to ten.
The functions of the Council of Wisdom include devising the oaths of office of the Sovereign, the Chief Minister and the Ministers; appointment of the first Sovereign; administering the oath of office to the Sovereign; and approval of the Heir and subsequent Heir.
Each member of the Council of Wisdom receives three shares of the National Dividend.

10.3.3

The House of Approval

The House of Approval has equal numbers of male and female members, elected by proportional representation by all eligible voters, voting as a single electorate, with each subsequent election being held on the fifth anniversary of the previous election.
The number of members of the House of Approval is half the number of members of the House of Proposal.
At the first election of the House of Approval, two categories of members are elected. The first category, comprising half the total membership, is elected for ten years. The second category, comprising half the total membership, is elected for five years. Half the members of the House of Approval retire at each election and may offer themselves for re-election.
Members of the House of Approval may attend and vote at meetings of the House of Approval, in person or electronically.
Each member of the House of Approval receives three shares of the National Dividend.
At a meeting of the House of Approval, the freedom of speech of a Member of the House of Approval is sacrosanct.

10.3.4

The House of Proposal

The number of members of the House of Proposal shall be determined from time to time by the Government, subject to the limitation that the number of members of the House of Proposal shall not exceed one member for each five thousand adult citizens.
A Term of the House of Proposal shall not exceed four years.
Not less than seventy-five percent and not more than eighty-five percent of Members of the House of Proposal represent single-member constituencies, which are constructed where possible to incorporate geographical entities.
The numerically largest constituency shall not exceed double the number of voters of the numerically smallest constituency. In allocating boundaries of constituencies, the aim is a judicious balance between equality of representation and equality of access to representation.
The balance of Members, not more than twenty five percent and not less than fifteen percent, are elected by proportional representation by the whole electorate voting as a single constituency.
Members of the House of Proposal may attend and vote at meetings of the House of Proposal, in person or electronically.
Each member of the House of Proposal receives three shares of the National Dividend.
At a meeting of the House of Proposal, the freedom of speech of a Member of the House of Proposal is sacrosanct.

10.4

THE LEGISLATIVE PROCESS

10.4.1

Acts of Parliament

Acts of Parliament are Bills passed by the House of Proposal and the House of Approval, and which receive the assent of the Sovereign.
Representatives of the Government derive their decision making power only from Acts of Parliament.
An Act of Parliament is required for the establishment of significant public policy, or a change therein, in matters including, but not necessarily limited to:

The prescribing of a percentage of equity which Companies vest in the Nation
The number of House of Proposal constituencies or their size or boundaries.
The price and other requirements of citizenship or permanent residence
The calling, ratification, awarding and supervision of tenders
The establishment of a humanitarian system of granting an additional part-share or share of the National Dividend to individuals who for reason of age or incapacity are unable to contribute with their initiative or their labour to their own sustenance.
Any proposal which involves a charge on the people
The provision for the creation of any offence and the imposition of any fine or penalty
Guidelines for penalties for crimes
Treaties or agreements with other nations
Acts of hostility towards other nations

10.4.2

Invalidity of Acts of Parliament

An Act of Parliament is invalid to the extent that it purports to:

Increase the proportion of the National Dividend which may be applied to the expense of Government.
Increase the number of shares of the National Dividend which may be paid to Parliamentarians.
Create an advantage for an individual at the expense of another individual, with the exception that an additional part-share or share of the National Dividend may by an Act of Parliament be granted to individuals who through age or incapacity are unable to contribute to their own sustenance.
Impose a tax on the income of an individual.
Authorise the imprisonment without trial of any individual
Compel the opinion of an individual
Establish martial law
Establish ownership by the Government of any land, artefact or chattel
Cancel the right of self-defence.
Institutionalise, recognise or prohibit a political party.
Prohibit or compel membership of any organisation.
Impose capital punishment.
Pay to an individual any salary other than as a payment under a contract for the supply of goods or services.
Conceal from public view any process of government.
Cancel unilaterally any contract entered into by the current Government or by a prior Government

10.5	POWERS, RESPONSIBILITIES AND RIGHTS
	10.5.1	The Sovereign The Sovereign has the obligation to assent within one calendar month to a Bill which is passed by the House of Proposal and the House of Approval. If the Sovereign does not within one calendar month assent to a Bill passed by the two Houses, the two Houses in joint sitting may propose to the people a referendum for the passage of the Bill. If a majority of adult citizens supports the proposal, the Sovereign is obliged to give assent within seven days to the Bill, or abdicate in favour of the Heir. The Sovereign has the responsibility of calling an election of half the members of the House of Approval each five years and an election of the members of the House of Proposal each three years or at such earlier interval as recommended by the Chief Minister. The Sovereign has the responsibility of inviting, to form a Government as Chief Minister, the Member of the House of Proposal who is able to command majority support of that House. When the House of Proposal nominates from among its number a Chief Minister, the Sovereign must confirm that nominee within seven days, or abdicate in favour of the Heir. The Sovereign must within fourteen days confirm each of the Chief Minister's nominations of Ministers, or abdicate in favour of the Heir. The Sovereign has the right to resolve differences between the Houses, in accordance with 10.6 below, by ordering a Joint Sitting of the two Houses, and if a dispute between the two Houses still persists, by dissolving the Parliament and ordering new elections of both Houses.
	10.5.3	The House of Approval The House of Approval has the obligation to receive and consider each Bill passed by the House of Proposal. The House of Approval may pass a Bill, unamended, for transmission to the Sovereign for assent. The House of Approval may return a Bill to the House of Proposal with recommended amendments. The House of Approval may reject a Bill and return it to the House of Proposal. The House of Approval has the right to require the attendance of Ministers for the purpose of answering questions. The House of Approval shall elect from among its Members one or more Vice-Presidents, who shall speak on behalf of the House of Approval, and chair meetings of the House of Approval in the absence of the Sovereign.
	10.5.4	The House of Proposal The House of Proposal nominates to the Sovereign, from among its members, a Chief Minister, who has the right to nominate to the Sovereign from among the members of the House of Proposal other Ministers responsible for identifiable functions of Government. The total number of Ministers including the Chief Minister shall not exceed in number one sixth of the membership of the House of Proposal. The Chief Minister receives six shares of the National Dividend and the other Ministers each receive four shares of the National Dividend. The House of Proposal has the right to initiate legislation in the form of Bills for transmission to the House of Approval. The House of Proposal shall elect from among its Members a Speaker, who shall speak on behalf of the House of Proposal, and chair meetings of the House of Proposal.

10.6

RESOLVING DIFFERENCES BETWEEN THE HOUSES

If the House of Approval should twice return to the House of Proposal a Bill, either rejected or with amendments unacceptable to the House of Proposal, the House of Proposal may resolve to ask the Sovereign to convene a Joint Sitting of the two Houses. The Joint Sitting may then consider and pass the Bill, amended or otherwise, for assent by the Sovereign, or the Joint Sitting may consider and reject the Bill.
If the Joint Sitting fails to pass the Bill in a manner satisfactory to the House of Proposal, the House of Proposal may ask the Sovereign to dissolve both Houses and call a new general election.
A double-dissolution election is held on the same principles as the inaugural election.

10.7	LIMITATIONS ON GOVERNMENT
	10.7.1	Currency The Government shall not impose legal tender, nor impose any restrictions upon the use of currency legally obtained or upon the movement of such currency. This clause shall not restrict the obligation of Government to guard against fraud and deception. The Government shall not print paper money. The Government may licence the minting of metal coins and may seek to profit the Treasury by the sale of coins of the Nation, on the condition that coins minted shall be denominated not in terms of any currency, but by weight and assay. All governmental contracts for supply of services to the Nation shall be expressed in silver or gold or platinum.
	10.7.2	Borrowings Total of Governmental Borrowing may not at any time exceed the maximum permitted figure for one year of governmental expenditure, namely five percent of the estimated National Dividend.
	10.7.3	Commerce The Government shall not enter into commerce, beyond the acceptance of the prescribed percentage of non-voting stock in corporations which register within the territory of the Nation. Beyond the responsibility of protecting its citizens from force, fraud and coercion, the Government shall not seek to regulate dealings among corporations and individuals.

CONTENTS

Michael Darby's East Timor site and links

|

Michael Darby's Home Page

|

Significant Pro-Liberty Sites