The Assembly of the Coalition of the South Pacific, representing our diverse community, convenes to establish this fundamental law of our region, to uphold democratic principles and rights, ensure effective and responsive governance, and provide for the security of our community.
I. CONSTITUTIONAL LAWS
Defining the supreme laws of our community.
(1) Laws that form the foundation of our community, are considered fundamental to governance, or otherwise are considered of great importance by the Coalition, are to be known as “constitutional laws” and marked as such.
(2) Constitutional laws passed by the Assembly hold precedence and supremacy over all other laws, regulations, and policies of all branches of government.
(3) This Charter is a constitutional law holding supremacy over all others, and defines the purpose of our government and its framework.
Outlining the sovereignty of the Coalition and the origins of legitimacy.
(1) The sovereignty of the region lies with the Coalition of the South Pacific. No other group claiming legitimacy will be recognized. The integrity of the Coalition, in its forums and the region, shall not be challenged or violated by any government official, internal dissidents, or other regions.
(2) Authority and legitimacy is held solely by the Coalition. No illegitimate invader or usurper of the region shall be recognized.
III. RIGHTS AND FREEDOMS
Recognizing the democratic rights and freedoms of all members of the Coalition.
(1) All members of the South Pacific will enjoy the freedoms of expression, speech, assembly, and the press, limited only by reasonable moderation policies.
(2) The right to a fair trial and defense against criminal accusations will not be abridged. No member may be subject to any bill of attainder, be tried for the same crime more than once, or be tried ex post facto.
(3) No member, who had joined the region in good faith, may be banned or ejected from the in-game region without the due process of law.
(4) No member may be denied the right to vote or hold office, unless prohibited by constitutional law.
(5) The High Court may strike down any general law or action that violates any right or freedom found in this Charter.
IV. THE ASSEMBLY
Establishing legislative authority in the Assembly.
(1) The Assembly holds supreme legislative authority in the Coalition, and is comprised of all eligible legislators.
(2) The Assembly will elect a legislator as Chair of the Assembly. The Chair is responsible for maintaining order and decorum, and helping guide Assembly debate into the creation of bills. If the Chair is recalled, resigns, loses legislator status, or is otherwise not in office, a new Chair will be elected. The date, time, and manner of electing the Chair will be set by the Assembly in a law.
(3) The Chair may appoint a deputy or deputies, to whom the Chair may publicly delegate any powers, responsibilities, or special projects of the Chair, subject to all regulations and restrictions imposed upon the Chair by law. The Chair may dismiss such deputies.
(4) A standing commission of legislators will be tasked with granting and revoking legislator status. All residents of the Coalition are eligible to attain legislator status through an application. Continued legislator status requires active membership and good behaviour.
V. THE EXECUTIVE
Establishing an executive branch consisting of the Prime Minister and an appointed Cabinet.
(1) The Prime Minister is the head of government and the leader of the executive branch. They will be responsible for implementing their electoral mandate, being a liaison between the government and the community, interacting with foreign regions and organizations, directing the regional military, filling appointed positions within the government, promoting regional culture, overseeing the Coalition’s interest in World Assembly matters, integrating new members into the community, and defending the Coalition’s interests.
(2) The Prime Minister may appoint a Cabinet that consist of ministers under the following provisions:
a. Appointed members of the Cabinet must receive confirmation from the Assembly prior to entering office.
b. The Prime Minister may relieve a Cabinet member of their position at their discretion.
c. The Prime Minister will define the role the appointed minister will occupy upon nomination to the Assembly.
d. The Prime Minister may delegate their statutory powers, but not their responsibility, to their appointed deputy as needed.
(3) The Prime Minister may issue further regulations to adequately conduct their executive business.
(4) Members of the Executive are required to hold legislator status.
(6) Prime Minister elections will be held every three months.
(7) The date, time, and manner of election will be set by the Assembly by law.
(8) The Prime Minister may issue Executive Orders to address an immediate and pressing issue created by ambiguity or holes in a particular law, which will immediately have the effect of law.
(9) Upon issuing an executive order, the order will be presented automatically to the Assembly for three days of debate, followed by a vote according to legislative rules, where it will then expire, and its effects shall be reversed if the Assembly does not incorporate it into law.
VI. THE DELEGATE
Establishing a Head of State.
(1) The Delegate will be the head of state of the Coalition. They will be responsible for helping maintain the security of the region, promoting growth and activity, and serving as an advisor to the forum-side government. Barring reasonable circumstances, the Delegate will hold the in-game Delegate seat. No person may be Delegate if they have participated, in whole or in part and at any time, in any coup d’etat of the Coalition or any of its allies, excluding normal raiding, defending, or liberation efforts as part of an organized military.
(2) The Delegate will work with RMB moderation in moderating the Regional Message Board and with the executive in promoting gameside activities.
(3) The Delegate must fulfill in-game actions required by law but assigned to others if those actions can only be taken by the person holding the in-game Delegate seat.
(4) Delegate elections will be held every six months.
(5) The date, time, and manner of electing the Delegate will be set by the Assembly in a law, but must include the participation of the gameside community.
VII. THE HIGH COURT
Creating a supreme judicial authority for the Coalition.
(1) The High Court will consist of one Chief Justice and a number of Associate Justices, and will hold exclusive judicial authority in the Coalition.
(2) The procedure for the appointment of the justices will be defined in a law by the Assembly.
(3) Procedures for the conduct of criminal trials and civil cases will be defined in a law by the Assembly.
(4) The High Court has the power to declare any general law, regulation, directive, determination or any other official act of government, in whole or in part, void upon a determination that it violates the terms of this Charter or any other constitutional law.
(5) The High Court may reconcile contradictions within the Charter, constitutional laws, general laws, and Executive Orders, maintaining the least amount of disruption to the intended purposes of the contradictory parts.
(6) The High Court may clarify and interpret provisions of law when presented with a Legal Question about them.
(7) The High Court holds the sole power to conduct a criminal trial.
VIII. THE COUNCIL ON REGIONAL SECURITY AND CORAL GUARD
Establishing a central authority for protecting the Coalition’s security.
(1) The Council on Regional Security will be composed of experienced and trustworthy members of the Coalition, and will be responsible for monitoring and responding to regional security issues. The Council will choose a Chair as needed, who will fulfill all secretarial requirements of the Council that may arise.
Membership of the Council on Regional Security
(2) The minimum qualifications for membership in the Council on Regional Security are: maintaining a nation in the South Pacific and having served at least six consecutive months as a legislator.
(3) Eligible members may become members of the Council on Regional Security via two methods, either application to the Council itself, or nomination by the Delegate and Prime Minister.
(4) If applying directly to the Council, applicants should explain why they are well suited to protect regional security. Applications will remain private. The Council will review the application and determine whether or not the applicant is well suited. If the application is approved, the Council will forward the nomination to the Assembly for approval via a three-fifths majority vote.
(5) The Delegate and Prime Minister may jointly nominate any person meeting the requirements for membership and who are well suited to protect regional security. Prior to the nomination, the Delegate and Prime Minister will consult with the Council for their advice. To ensure collegiality and prevent dysfunction, if two-thirds of the members of the Council object to the prospective nominee’s membership, the nomination will not move forward. If no such objection exists, then the nomination will be submitted to the Assembly for approval via three-fifths majority vote.
(6) If a majority of the Council deems a member to be a threat to regional security, they will be suspended from the Council pending an official investigation and report to the Assembly. Following the investigation, the Assembly must vote on whether to remove or reinstate the member.
(7) Participation, in whole or in part and at any time, in any coup d’etat or invasion of the Coalition or any of its allies will disqualify a prospective or sitting member from membership in the Council on Regional Security immediately and permanently. Participation in normal raiding, defending, or liberation efforts as part of an organized military will not be considered a violation of this clause.
Powers of the Council on Regional Security
(8) The Council on Regional Security will be responsible for establishing an appropriate cap on endorsements, ensuring that such a cap is not detrimental to the growth of the region. Enforcement of the endorsement cap should be done with leniency if a violator does not pose a significant risk to regional security.
(9) During a coup d’etat, whether committed by outside forces, infiltrators, or duly elected officials, the Council on Regional Security may declare a state of emergency, until such a time that a legitimate government is restored. All necessary measures may be taken to defeat a coup d’etat or hostile invasion, except that the legitimate Assembly may not be suspended.
(10) The Council on Regional Security, the Prime Minister, and the Delegate will establish a line of succession for the Delegate seat.
(11) The Council on Regional Security shall designate an individual as Intelligence Coordinator, who must be notified of and approve all intelligence and counter-intelligence operations. The Intelligence Coordinator will be responsible for disseminating any and all intelligence to the Council on Regional Security and other bodies as needed. The Intelligence Coordinator and the Prime Minister will maintain a regional intelligence classification system as necessary for ensuring information security.
Establishing an authority for maintaining influence and endorsements to defend the region.
(12) The Coral Guard will be composed of trusted members of the Coalition, and will be responsible for maintaining high endorsements and influence levels. The Coral Guard will choose a Chair as needed, who will fulfill all secretarial requirements of the Coral Guard that may arise.
Membership of the Coral Guard
(13) The minimum qualifications for membership in the Coral Guard are: maintaining a World Assembly member nation in the South Pacific; having served at least six consecutive months as a legislator; and meeting requirements for influence and endorsements which are set and published by the Council on Regional Security.
(14) Eligible members of the Coral Guard may submit an application directly to the Council on Regional Security in which they describe why they should be trusted with the ability to maintain high endorsement and influence levels and why they are capable of maintaining such high endorsement and influence levels.
(15) Continued membership in the Coral Guard is predicated upon meeting eligibility requirements. Should any member of the Coral Guard fail to meet those requirements, they will lose membership and all the powers and privileges that come with it if they do not meet the requirements within a week of notification.
(16) Members of the Coral Guard may be removed at any time by a majority vote of the Council on Regional Security or recall by the Assembly.
Powers and Responsibilities of the Coral Guard
(17) Members of the Coral Guard are responsible for maintaining high levels of endorsements and influence in the region as well as promoting a growth-oriented endorsement culture in the region, subject to the limitations of the endorsement cap set by the Council on Regional Security.
(18) During a state of emergency, the Coral Guard will be required to execute any and all directives by the Council on Regional Security in order to restore the legitimate government of the region. When nations must be ejected or banned from the region, the Council on Regional Security will have the power to order any member of the Coral Guard to do so.
(19) The Coral Guard will have the power, subject to the limitations of the endorsement cap set by the Council on Regional Security, to build infrastructure and conduct events to promote the growth of endorsements in the region, particularly among the Council on Regional Security and Coral Guard.
IX. THE MILITARY
Creating an official military for the purposes of regional defense, war, and gameplay.
(1) The South Pacific Special Forces will be the official military forces of the Coalition. Their responsibilities will be to enact the government’s military policies abroad, foster activity for the region, and serve as a representative of the Coalition’s power and influence.
(2) The military will be led by the Prime Minister, along with a corps of generals appointed by the Prime Minister and approved by the Assembly. The Prime Minister and general corps may establish further hierarchy, create programs, and appoint deputies as they see necessary.
(3) The military will have the support of the Coalition in conducting operations to protect innocent regions from attack and oppression and promote legitimate, native democratic institutions across the world. The military may not colonize or annex any region without the express permission of the Prime Minister and a majority vote of the Assembly. Nor may the military attack, subjugate, purge, destroy, or vandalize any regions, excepting those regions which espouse hateful ideologies and those regions against which the Coalition has declared an official state of war.
(4) The Prime Minister will ensure that no military activities harm the government’s diplomatic affairs or public relations.
X. RECALLS AND MOTIONS OF NO CONFIDENCE
Establishing a method to hold government officials to account.
(1) Any official of the Coalition may be recalled by an Assembly resolution passed with a three-fifths majority of those voting.
a. Recalls should only be initiated for dereliction of duty, abuse of authority, or violations of the law, and not for purposes of political rivalry.
b. Upon initiation, recall resolutions must be debated for three days and receive a motion and second before being put to vote.
c. Upon passage, the recalled official will immediately be removed from office.
(2) A Motion of No Confidence may be initiated by the Assembly if the members have lost faith in the effectiveness and activities of the Prime Minister and the Cabinet. Motions of No Confidence must be debated for three days and receive a motion and a second before being moved to vote. Passage requires three-fifths majority support of those voting.
(3) If a Motion of No Confidence is made and passed against the Prime Minister, they and their Cabinet will immediately resign from office, a new Prime Minister election will be called under relevant laws, and a successor will be elected. After the election has been conducted, the Prime Minister-elect will immediately assume office. Should a special election for Prime Minister begin more than halfway into a scheduled term, the next scheduled election will be canceled.
XI. THE ADMINISTRATION TEAM
Creating an independent, apolitical body to manage and moderate communications.
(1) The Administration Team will be responsible for the technical maintenance of the region’s Discord servers, forums, and the integrity of the database. Administrators will not be given responsibilities of a political nature.
(2) The Administration Team will be responsible for the appointment and removal of its own members, except when an administrator is removed from the position following a guilty verdict in a fair trial for abuse of administrative powers. Additionally, new administrators must be approved by a majority of the Assembly before being granted administrator permissions.
(3) The Administration Team must create standard administration and moderation policies covering both on-site and off-site communications platforms. These policies will be submitted to the Assembly for a one-week review and comment period before going into effect. A copy of these policies must be posted publicly on the off-site forum and in a Dispatch on-site.
(4) While the Administration Team may appoint global moderators if needed, the Prime Minister, the Chair of the Assembly, and roleplay moderators primarily will be responsible for the moderation of their dedicated Discord servers and forums.
(5) The Administration Team, or a team of moderators appointed by them, will appoint moderators for the regional message board with the power to enforce published administration and moderation policies. The list of moderators of the regional message board must be published in a Dispatch on-site. At least some moderators of the regional message board must be granted the communications regional officer permission on-site, as outlined by the Assembly in law. The WA Delegate will be an ex officio member of the RMB moderation team.
XII. AMENDMENT PROCESS
Setting a procedure for amendment of the Charter and constitutional laws.
(1) The Assembly may amend any provision of the Charter or constitutional laws passed by the Assembly with a three-fifths supermajority. These amendments must be constitutional in nature, and amendments to the Charter must address the structure or framework of government. Bills that may exist as general laws, as determined by the Chair of the Assembly, should not be placed in the Charter or constitutional laws.
XIII. GREAT COUNCILS
Setting a procedure for constitutional conventions.
(1) The Assembly may call a constitutional convention, wherein the Charter and laws of the Coalition can be rewritten or amended in a systematic manner. These conventions shall be known as Great Councils and be presided over by a chair responsible for maintaining decorum, compiling proposals, recognizing motions, and recording votes.
(2) Great Councils shall operate in parallel to the Assembly, which will still be convened under regular order. Participation in Great Councils is determined in the organizing resolution, where the Assembly may expand eligibility beyond legislators or restrict eligibility by criteria it deems fit.
(3) Great Councils may only be called once per year, unless in the intervening time the legitimacy of the Coalition has been challenged and the Assembly must reassert constitutional order.
(4) In calling a Great Council, the Assembly shall pass an organizing resolution by majority vote, naming a chair, determining eligibility requirements, and establishing an agenda and rules of order. Organizing resolutions may be altered by majority vote of the Great Council once convened.
(5) Changes or additions to the constitutional canon of the Coalition may be adopted by a three-fifths majority of the Great Council. Changes or additions to regular statutory law may be adopted by simple majority of the Great Council.
(6) Great Councils shall remain convened until a motion to adjourn sine die is adopted by simple majority