Original Charter

The Charter of The South Pacific

Preamble

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, and provide for the security of our unified community both on the forums and in the game.

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 Assembly, are to be known as “constitutional laws” and marked as such.

2. Constitutional laws 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.

II. SOVEREIGNTY

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 jointly by the region and the forum, and the union between the two is what defines 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 forum 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 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. No law may be passed by the Assembly that directly affects the activities of the in-game community, without the consent of the in-game community.

6. 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 and a representative of the Local Council. It is responsible for establishing and maintaining the legal code of the Coalition.

2. The Assembly will elect a Chair by a public majority vote for a term lasting four months. The Chair is responsible for maintaining order and decorum, and helping guide Assembly debate into the creation of bills. If a Chair is recalled or otherwise not in office, a new Chair will be elected by majority vote for a new term lasting four months. The Election Commission will be responsible for organizing Chair elections.

Legislator Eligibility

3. All residents of the Coalition are eligible to attain legislator status through application with the Chair, predicated on the Chair ensuring they are not seeking membership in bad faith, are not attempting to obscure their identity, are not attempting to join with multiple nations, and the Council on Regional Security does not declare them a significant risk to regional security. Any member of the Assembly may publicly petition the Chair for or against a prospective legislator’s admission.

4. Continued legislator status requires active membership and good behavior. The Chair will remove legislator status from any person failing to vote in the last two official Assembly votes held on separate days, unless the Chair has granted a leave of absence. Additionally, the Chair may suspend privileges for disruptive members. Frequent suspensions may be grounds for ineligibility, if found appropriate in a fair trial by the High Court.

Legislative Rules

5. All bills must be moved to a vote upon receiving a second by another legislator. The Chair is responsible for the creation of a voting thread, and recording the votes. In the event that the Chair does not or cannot perform their duties in a reasonable timeframe, any member of the Assembly may create a voting thread.

6. All general laws, resolutions, and treaty ratifications must be passed by a simple majority of those voting. Laws marked as constitutional laws, or resolutions that deal with issues found in constitutional laws, require a three-fifths supermajority of those voting to pass. Appointments, unless otherwise specified, require a simple majority of those voting.

7. The Local Council representative will have a weighted vote of 20% of all non-abstaining votes cast on bills. The Chair will calculate how many votes are allotted to the representative at the close of each vote, and then add the representative’s total votes to the final tally.

8. The legislative history of all laws will be recorded by the Chair, including debate threads, vote results, and amendment histories.

V. THE LOCAL COUNCIL

Establishing home rule for the in-game region residents

1. The Local Council will be a body of three residents of The South Pacific elected by the region as a whole every four months, who will represent the interests of all players in the region, moderate the Regional Message Board, and encourage activity on the game-side.

2. The content of the World Factbook Entry and Dispatches will be managed by the Local Council, in cooperation with the Delegate, and must contain at least a link to the Official Regional Forums and a notice to endorse members of the Council on Regional Security.

3. The Local Council will have the authority to run regional polls, create and pin Dispatches, and to suppress messages on the Regional Message Board according to a standard moderation policy. It may not alter the regional flag or tags, and may not send out mass telegrams, without the approval of the Delegate.

4. The Local Council is responsible for sending a representative to the Assembly, whose term must not exceed the Local Council’s. The method of selection will be decided by the Local Council, along with how the representative casts their votes in the Assembly.

VI. THE EXECUTIVE

Establishing an executive branch consisting of the Prime Minister and the Cabinet

1. The Prime Minister will be the head of government and the leader of the Cabinet. They will be responsible for the overall coordination of executive activities, being a liaison between the government and the community, and protecting the Coalition.

2. The Cabinet will consist of ministers with the following portfolios: Foreign Affairs, Regional Affairs, and Military Affairs.

Elections

3. Executive elections will be held every four months, where the Prime Minister and all Cabinet positions will be up for election.

4. The date, time, and manner of elections will be set by the Assembly in a general law.

Minister of Regional Affairs

5. The Minister of Regional Affairs will be responsible for promoting regional and forum activity, integrating new players into the forums, organizing cultural events, and communicating with the world about The South Pacific’s activities.

Minister of Foreign Affairs

6. The Minister of Foreign Affairs will be the Coalition’s chief diplomat. They will be responsible for establishing the government’s foreign policy program, communicating with allies, and coordinating with the military on foreign policy priorities when necessary.

7. The Minister of Foreign Affairs holds the sole power to initiate treaty negotiations with other regions, groups, and organizations, but may designate officers to handle those negotiations. Upon completion of a treaty negotiation, the Minister must present it to the full executive for majority approval, before submitting it to the Assembly for ratification.

8. The Minister of Foreign Affairs will be responsible for establishing standards for the creation and maintenance of consulates and embassies.

Minister of Military Affairs

9. The Minister of Military Affairs will be the civilian leader of the armed forces of the Coalition, the South Pacific Special Forces. In conjunction with a group of Generals, the Minister of Military Affairs will be responsible for the defense of the Coalition, building military activity, and conducting military operations.

10. The Minister of Military Affairs may elect to establish an intelligence office, in equal coordination with the Council on Regional Security.

Executive Authorities

11. The executive may exercise the collective authority of executive orders, by unanimous consent among the Prime Ministers and Cabinet Ministers. Executive orders may only be issued to address an immediate and pressing issue created by ambiguity or holes in a particular law, which will immediately have the effect of law.

12. Upon declaring 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 expire and its effects be reversed if the Assembly does not incorporate it into law.

13. The Prime Minister and Cabinet Ministers may elect to appoint deputies and advisors, who will be considered junior members of the Cabinet, but will not have voting rights in any executive decision.

Recalls and Motions of No Confidence

14. The Delegate and individual Cabinet Ministers may be recalled by an Assembly resolution passed with three-fifths majority of those voting. Recalls may only be initiated for dereliction of duty, abuse of authority, or violations of the law, and not for purposes of political rivalry. Upon initiation, recall resolutions must be debated for three days and receive a motion and second before being put to vote. Upon passage, the recalled official will immediately be removed from office and a special election for their position must be started as soon as possible.

15. A Motion of No Confidence may be initiated by the Assembly, if the members have lost faith in the effectiveness and activities of the Delegate 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, and triggers a special election for all executive offices.

VII. 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.

2. The Delegate will work with the Local Council in moderating the Regional Message Board, fulfilling Regional Officer positions, promoting game-side activities, and representing the preferences of the game-side community.

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.

Elections

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 general law, but must include the participation of the game-side community.

VIII. THE HIGH COURT

Creating a supreme judicial authority for the Coalition

1 The High Court will consist of one Permanent Justice and a Pool of Justices, and will hold exclusive judicial authority in the Coalition.

2. The procedure for the appointment of the Permanent Justice and the members of the Pool of Justices will be defined in a general law by the Assembly.

3. Procedures for the conduct of criminal trials and civil cases will be defined in a general law by the Assembly.

Powers

4. The High Court has the sole power to declare any general law, 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, and general laws, 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.

IX. THE COUNCIL ON REGIONAL SECURITY

Establishing a central authority for protecting the Coalition’s security

1. The Council of 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.

Membership

2. To be considered for membership in the Council on Regional Security, a person must meet the following qualifications: World Assembly membership in The South Pacific; a Soft Power Disbursement Score of at least 50000, or an Influence Ranking of at least Vassal; at least 200 endorsements or half the endorsements of the Delegate; and six consecutive months of legislator status, or at least two terms in the Local Council. The specific influence score, ranking, and endorsement numbers may be updated by the Council, with majority approval by the Assembly, to reflect changes to the disbursement of influence in the region, or updates to the game.

3. Eligible members may submit an application to the Council, clearly showing that they meet the basic requirements, and offering reasons for why they should considered for membership. The Council will review applicants and choose whether or not an applications will be submitted to the Assembly for approval.

4. The Assembly will vote on applications forwarded by the Council, using a simple majority threshold.

5. Continued membership in the Council on Regional Security is predicated upon meeting eligibility requirements. Should any member of the Council 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.

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 an applicant 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

8. The Council on Regional Security will be responsible for establishing an appropriate cap on endorsements, ensuring that such 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 assume martial command of the Coalition, 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.

10. The Delegate must grant members of the Council on Regional Security appropriate Regional Officer powers to fulfill their duties. When there is a limited number of Regional Officer positions available, those positions must be given to the most senior Council members.

11. The Council on Regional Security, the Prime Minister, and the Delegate will establish a line of succession for the Delegate seat.

X. 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 Minister of Military Affairs, along with a corps of generals appointed by the Minister and approved by the Assembly. The Minister and general corps may establish further hierarchy, create programs, and appoint deputies as they see necessary.

3. The military may engage in offensive or defensive operations without fear of political reprisal. However, it may not colonize or annex any region without the express permission of the Cabinet and the Assembly, nor may it engage in region destruction. Any changes to the World Factbook Entry, Regional Message Board, regional flag, or embassies list must be reversed at the end of all military operations.

4. The Minister of Military Affairs will coordinate with the Minister of Foreign Affairs, to ensure that no military activities harm the government’s diplomatic affairs or public relations.

XI. THE ADMINISTRATION TEAM

Creating an independent, apolitical body to manage the forums

1. The Forum Administration Team will be responsible for the technical maintenance of the forums and the integrity of the database. Administrators will not be given responsibilities of a political nature.

2. The Forum 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 Forum Administration Team must create standard administration and moderation policies. These policies will be submitted to the Assembly for a one-week review and comment period before going into effect.

4. While the Forum Administration Team may appoint global moderators if needed, individual Ministers and the Chair of the Assembly primarily will be responsible for the moderation of their dedicated forums.

XII. AMENDMENT PROCESS

Setting a procedure for amendment the Charter

1. The Assembly may amend any provision of the Charter by a three-fifths supermajority, unless that provision sets a separate threshold. Amendments must be constitutional in nature, addressing 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.

2. Debate on Charter amendments will last for a minimum of two weeks, unless the Council on Regional Security acknowledges that the amendment addresses an immediate and perilous issue that threatens the security of the region. Any amendment that directly affects the game-side community or its home governance, as determined by the Chair of the Assembly, must also be debated and voted upon by the game-side community.

XIII. GREAT COUNCILS

Setting a procedure for constitutional conventions

1. When the Assembly wishes to debate the fundamental principles and structures of the Coalition, it may call a Great Council to rewrite all laws in their entirety, or establish a new state for The South Pacific.

2. A majority vote by both the Assembly and the game-side community is required to begin a Great Council. At least one year must pass between a Great Council before another one is called.

3. The purpose of a Great Council is to rewrite all laws from the ground up, not merely to amend existing ones. The Assembly should use the normal amendment process for basic amendments, reserving Great Councils for a time when extreme changes are necessary and proper.

4. If a Great Council fails to pass a new constitution and set of laws to replace the existing ones, then the existing laws will remain in place.