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Speaker's Message:
The debate period has ended and the voting period shall now begin. The voting session shall end on January 23, 2015, at 00:00 UTC. Parliament members may submit a vote in favor, abstention, or against. Votes of abstention will be counted as votes in favor. The result will be decided via simple majority of total votes cast.
Esamir Governance Reform Act
New Tarajan
The debate period has ended and the voting period shall now begin. The voting session shall end on January 23, 2015, at 00:00 UTC. Parliament members may submit a vote in favor, abstention, or against. Votes of abstention will be counted as votes in favor. The result will be decided via simple majority of total votes cast.
Esamir Governance Reform Act
New Tarajan
- United Nations of Esamir Charter:
- WE THE PEOPLES OF ESAMIR DETERMINEDto save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and
to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and
to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and
to promote social progress and better standards of life in larger freedom,AND FOR THESE ENDSto practice tolerance and live together in peace with one another as good neighbours, and
to unite our strength to maintain international peace and security, and
to ensure, by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest, and
to employ international machinery for the promotion of the economic and social advancement of all peoples,HAVE RESOLVED TO COMBINE OUR EFFORTS TO ACCOMPLISH THESE AIMSAccordingly, our respective Governments, through representatives assembled in the city of [insert name], who have exhibited their full powers found to be in good and due form, have agreed to the present Charter of the United Nations and do hereby establish an international organization to be known as the United Nations of Esamir (UNE).
CHAPTER I: PURPOSES AND PRINCIPLES
Article 1
1. To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;
2. To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and to take other appropriate measures to strengthen universal peace;
3. To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; and
4. To be a centre for harmonizing the actions of nations in the attainment of these common ends.
Article 2
The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance with the following Principles.
1. The Organization is based on the principle of the sovereign equality of all its Members.
2. All Members, in order to ensure to all of them the rights and benefits resulting from membership, shall fulfill in good faith the obligations assumed by them in accordance with the present Charter.
3. All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered.
4. All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.
5. All Members shall give the United Nations every assistance in any action it takes in accordance with the present Charter, and shall refrain from giving assistance to any state against which the United Nations is taking preventive or enforcement action.
6. The Organization shall ensure that states which are not Members of the United Nations act in accordance with these Principles so far as may be necessary for the maintenance of international peace and security.
7. Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter Vll.
CHAPTER II: MEMBERSHIP
Article 3
1. Membership in the United Nations is open to all other peace-loving states which accept the obligations contained in the present Charter and, in the judgment of the Organization, are able and willing to carry out these obligations.
Article 4
A Member of the United Nations against which preventive or enforcement action has been taken by the Security Council may be suspended from the exercise of the rights and privileges of membership by the General Assembly upon the recommendation of the Security Council. The exercise of these rights and privileges may be restored by the Security Council or the Court of Justice.
Article 5
A Member of the United Nations which has persistently violated the Principles contained in the present Charter may be expelled from the Organization by the General Assembly upon the recommendation of the Security Council or the Court of Justice.
Article 6
1. There are established as principal organs of the United Nations: a General Assembly, a Security Council, an International Court of Justice, a Department of Security, and a Secretariat.
2. Such subsidiary organs as may be found necessary may be established in accordance with the present Charter.
CHAPTER IV: THE GENERAL ASSEMBLY
Article 7
1. The General Assembly shall consist of all the Members of the United Nations.
2. Each Member shall have not more than five representatives in the General Assembly.
Article 8
The General Assembly may discuss any questions or any matters within the scope of the present Charter or relating to the powers and functions of any organs provided for in the present Charter, and, except as provided in Article 10, may make recommendations to the Members of the United Nations or to the Security Council or to both on any such questions or matters.
Article 9
1. The General Assembly may consider the general principles of co-operation in the maintenance of international peace and security, including the principles governing disarmament and the regulation of armaments, and may make recommendations with regard to such principles to the Members or to the Security Council or to both.
2. The General Assembly may discuss any questions relating to the maintenance of international peace and security brought before it by any Member of the United Nations, or by the Security Council, or by a state which is not a Member of the United Nations in accordance with Article 35, paragraph 2, and, except as provided in Article 10, may make recommendations with regard to any such questions to the state or states concerned or to the Security Council or to both. Any such question on which action is necessary shall be referred to the Security Council by the General Assembly either before or after discussion.
3. The General Assembly may call the attention of the Security Council to situations which are likely to endanger international peace and security.
4. The powers of the General Assembly set forth in this Article shall not limit the general scope of Article 8.
Article 10
1. While the Security Council is exercising in respect of any dispute or situation the functions assigned to it in the present Charter, the General Assembly shall not make any recommendation with regard to that dispute or situation unless the Security Council so requests.
2. The Secretary-General shall notify the General Assembly at each session of any matters relative to the maintenance of international peace and security which are being dealt with by the Security Council and shall similarly notify the General Assembly immediately the Security Council ceases to deal with such matters.
Article 11
1. The General Assembly shall initiate studies and make recommendations for the purpose of: a. promoting international co-operation in the political field and encouraging the progressive development of international law and its codification; b. promoting international co-operation in the economic, social, cultural, educational, and health fields, and assisting in the realization of human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.
2. The further responsibilities, functions and powers of the General Assembly with respect to matters mentioned in paragraph 1 (b) above are set forth in Chapters IX and X.
Article 12
Subject to the provisions of Article 10, the General Assembly may recommend measures for the peaceful adjustment of any situation, regardless of origin, which it deems likely to impair the general welfare or friendly relations among nations, including situations resulting from a violation of the provisions of the present Charter setting forth the Purposes and Principles of the United Nations.
Article 13
1. Each member of the General Assembly shall have one vote.
2. Decisions of the General Assembly on important questions shall be made by a two-thirds majority of the members present and voting. These questions shall include: recommendations with respect to the maintenance of international peace and security, the suspension of the rights and privileges of membership, the expulsion of Members.
3. Decisions on other questions, including the determination of additional categories of questions to be decided by a two-thirds majority, the election of the Members of the Security Council, the election of the Secretary General, the creation of agencies and bodies related to the UNE and eventually of their Members, the election of the Members of the International Court of Justice, shall be made by a majority of the members present and voting.
CHAPTER V: THE SECURITY COUNCIL
Article 14
1. The Security Council shall consist of five Members of the United Nations. The General Assembly shall elect the Members of the United Nations to be members of the Security Council, due regard being specially paid, in the first instance to the contribution of Members of the United Nations to the maintenance of international peace and security and to the other purposes of the Organization, and also to equitable geographical distribution.
2. The members of the Security Council shall be elected for a term of three (3) months. A retiring member shall not be eligible for immediate re-election.
3. Each member of the Security Council shall have one representative.
Article 15
1. In order to ensure prompt and effective action by the United Nations, its Members confer on the Security Council primary responsibility for the maintenance of international peace and security, and agree that in carrying out its duties under this responsibility the Security Council acts on their behalf.
2. In discharging these duties the Security Council shall act in accordance with the Purposes and Principles of the United Nations. The specific powers granted to the Security Council for the discharge of these duties are laid down in Chapters VI, VII, VIII, and XII.
3. The Security Council shall submit reports to the General Assembly for its consideration.
Article 16
The Members of the United Nations agree to accept and carry out the decisions of the Security Council in accordance with the present Charter.
Article 17
1. Each member of the Security Council shall have one vote.
2. Decisions of the Security Council on all matters shall be made by an affirmative vote of three members; provided that, in decisions under Chapter VI, and under paragraph 3 of Article 52, a party to a dispute shall abstain from voting.
Article 18
Any Member of the United Nations which is not a member of the Security Council may participate, without vote, in the discussion of any question brought before the Security Council whenever the latter considers that the interests of that Member are specially affected.
Article 19
Any Member of the United Nations which is not a member of the Security Council or any state which is not a Member of the United Nations, if it is a party to a dispute under consideration by the Security Council, shall be invited to participate, without vote, in the discussion relating to the dispute. The Security Council shall lay down such conditions as it deems just for the participation of a state which is not a Member of the United Nations.
CHAPTER VI: PACIFIC SETTLEMENT OF DISPUTES
Article 20
1. The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.
2. The Security Council shall, when it deems necessary, call upon the parties to settle their dispute by such means.
Article 21
The Security Council may investigate any dispute, or any situation which might lead to international friction or give rise to a dispute, in order to determine whether the continuance of the dispute or situation is likely to endanger the maintenance of international peace and security. The investigation shall be a responsibility of the International Court of Justice.
Article 22
1. Any Member of the United Nations may bring any dispute, or any situation of the nature referred to in Article 21, to the attention of the Security Council or of the General Assembly or of the International Court of Justice.
2. A state which is not a Member of the United Nations may bring to the attention of the Security Council or of the General Assembly or of the International Court of Justice any dispute to which it is a party if it accepts in advance, for the purposes of the dispute, the obligations of pacific settlement provided in the present Charter.
3. The proceedings of the General Assembly in respect of matters brought to its attention under this Article will be subject to the provisions of Articles 9 and 10.
Article 23
1. The Security Council may, at any stage of a dispute of the nature referred to in Article 20 or of a situation of like nature, recommend appropriate procedures or methods of adjustment.
2. The Security Council should take into consideration any procedures for the settlement of the dispute which have already been adopted by the parties or by the International Court of Justice.
3. In making recommendations under this Article the Security Council should also take into consideration that disputes should as a general rule be referred by the parties to the International Court of Justice.
Article 24
1. Should the parties to a dispute of the nature referred to in Article 20 fail to settle it by the means indicated in that Article, they shall refer it to the Security Council and the International court of Justice.
2. If the Security Council deems that the continuance of the dispute is in fact likely to endanger the maintenance of international peace and security, it shall decide whether to take action under Article 23 or to recommend such terms of settlement as it may consider appropriate.
CHAPTER VII: ACTION WITH RESPECT TO THREATS TO THE PEACE, BREACHES OF THE PEACE, AND ACTS OF AGGRESSION
Article 25
The General Assembly or the International Court of Justice shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations to the Security Council, which shall decide what measures shall be taken in accordance with Articles 27 and 28, to maintain or restore international peace and security.
Article 26
In order to prevent an aggravation of the situation, the Security Council may, before making the recommendations or deciding upon the measures provided for in Article 25, call upon the parties concerned to comply with such provisional measures as it deems necessary or desirable. Such provisional measures shall be without prejudice to the rights, claims, or position of the parties concerned. The Security Council shall duly take account of failure to comply with such provisional measures.
Article 27
The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.
Article 28
Should the Security Council consider that measures provided for in Article 27 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.
Such decisions shall be then submitted for approval by majority to the General Assembly.
Article 29
1. All Members of the United Nations, in order to contribute to the maintenance of international peace and security, undertake to make available to the Security Council, through the Department of Security, on its call and in accordance with a special agreement or agreements, armed forces, assistance, and facilities, including rights of passage, necessary for the purpose of maintaining international peace and security.
2. Such agreement or agreements shall govern the numbers and types of forces, their degree of readiness and general location, and the nature of the facilities and assistance to be provided.
3. The agreement or agreements shall be negotiated as soon as possible on the initiative of the Department of Security. They shall be concluded between the Department of Security and Members or between the Department of Security and groups of Members and shall be subject to ratification by the signatory states in accordance with their respective constitutional processes.
Article 30
When the Security Council has decided to use force it shall, before calling upon a Member not represented on it to provide armed forces in fulfilment of the obligations assumed under Article 29, invite that Member, if the Member so desires, to participate in the decisions of the Security Council concerning the employment of contingents of that Member's armed forces.
Article 31
In order to enable the United Nations to take urgent military measures, Members shall hold immediately available national air-force contingents for combined international enforcement action. The strength and degree of readiness of these contingents and plans for their combined action shall be determined within the limits laid down in the special agreement or agreements referred to in Article 29, by the Department of Security.
Article 32
Plans for the application of armed force shall be made by the Department of Security in cooperation with the Security Council.
Article 33
1. The Department of Security shall advise and assist the Security Council on all questions relating to the Security Council's military requirements for the maintenance of international peace and security, the employment and command of forces placed at its disposal, the regulation of armaments, and possible disarmament.
2. The Department of Security shall consist of the Chiefs of Staff of the members of the General Assembly or their representatives. They will elect a President and a Deputy President for the term of three months.
3. The Department of Defense shall be responsible under the Security Council for the strategic direction of any armed forces placed at the disposal of the Security Council. Questions relating to the command of such forces shall be worked out subsequently.
4. The Department of Defense, with the authorization of the Security Council and after consultation with appropriate regional agencies, may establish regional sub-committees.
Article 34
1. The action required to carry out the decisions of the Security Council for the maintenance of international peace and security shall be taken by all the Members of the United Nations or by some of them, as the Security Council may determine.
2. Such decisions shall be carried out by the Members of the United Nations directly and through their action in the appropriate international agencies of which they are members.
Article 35
The Members of the United Nations shall join in affording mutual assistance in carrying out the measures decided upon by the Security Council.
Article 36
If preventive or enforcement measures against any state are taken by the Security Council, any other state, whether a Member of the United Nations or not, which finds itself confronted with special economic problems arising from the carrying out of those measures shall have the right to consult the Security Council with regard to a solution of those problems.
Article 37
Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.
CHAPTER VIII: REGIONAL ARRANGEMENTS
Article 38
1. Nothing in the present Charter precludes the existence of regional arrangements or agencies for dealing with such matters relating to the maintenance of international peace and security as are appropriate for regional action provided that such arrangements or agencies and their activities are consistent with the Purposes and Principles of the United Nations.
2. The Members of the United Nations entering into such arrangements or constituting such agencies shall make every effort to achieve pacific settlement of local disputes through such regional arrangements or by such regional agencies before referring them to the Security Council.
3. The Security Council shall encourage the development of pacific settlement of local disputes through such regional arrangements or by such regional agencies either on the initiative of the states concerned or by reference from the Security Council.
4. This Article in no way impairs the application of Articles 21 and 22.
Article 39
1. The Security Council shall, where appropriate, utilize such regional arrangements or agencies for enforcement action under its authority. But no enforcement action shall be taken under regional arrangements or by regional agencies without the authorization of the Security Council.
Article 40
The Security Council shall at all times be kept fully informed of activities undertaken or in contemplation under regional arrangements or by regional agencies for the maintenance of international peace and security.
CHAPTER IX: THE INTERNATIONAL COURT OF JUSTICE
Article 41
The International Court of Justice shall be the principal judicial organ of the United Nations of Esamir. It shall function in accordance with the annexed Statute, which forms an integral part of the present Charter.
Article 42
1. All Members of the United Nations are ipso facto parties to the Statute of the International Court of Justice.
2. A state which is not a Member of the United Nations may become a party to the Statute of the International Court of Justice on conditions to be determined in each case by the International Court of Justice with the assistance of the Security Council.
3. Procedures for the election and the established terms for the Judges of the Court are provided by Article 54 of the present Charter.
Article 43
1. Each Member of the United Nations undertakes to comply with the decision of the International Court of Justice in any case to which it is a party.
2. If any party to a case fails to perform the obligations incumbent upon it under a judgment rendered by the Court, the other party may have recourse to the Security Council, which may, if it deems necessary, make recommendations or decide upon measures to be taken to give effect to the judgment under the provisions of Chapter VI.
Article 44
Nothing in the present Charter shall prevent Members of the United Nations from entrusting the solution of their differences to other tribunals by virtue of agreements already in existence or which may be concluded in the future.
Article 45
1. The General Assembly or the Security Council may request the International Court of Justice to give an advisory opinion on any legal question.
2. Other organs of the United Nations and specialized agencies, which may at any time be so authorized by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities.
CHAPTER X: THE SECRETARIAT
Article 46
The Secretariat shall comprise a Secretary-General and such staff as the Organization may require. The Secretary-General shall be appointed by the General Assembly with a majority vote for a term of six months. He shall be the chief administrative officer of the UNE and Regional Delegate of Esamir.
Article 47
The Secretary-General shall act in that capacity in all meetings of the General Assembly, of the Security Council, or the other related agencies, and shall perform such other functions as are entrusted to him by these organs. The Secretary-General, if requested, shall make a monthly report to the General Assembly on the work of the Organization.
Article 48
The Secretary-General may bring to the attention of the Security Council any matter which in his opinion may threaten the maintenance of international peace and security.
CHAPTER XI: MISCELLANEOUS PROVISIONS
Article 49
1. Every treaty and every international agreement entered into by any Member of the United Nations after the present Charter comes into force shall as soon as possible be registered with the Secretariat (in an apposite Registry) and published by it.
2. No party to any such treaty or international agreement which has not been registered in accordance with the provisions of paragraph 1 of this Article may invoke that treaty or agreement before any organ of the United Nations.
Article 50
In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail.
Article 51
The Organization shall enjoy in the territory of each of its Members such legal capacity as may be necessary for the exercise of its functions and the fulfilment of its purposes.
Article 52
1. The Organization shall enjoy in the territory of each of its Members such privileges and immunities as are necessary for the fulfilment of its purposes.
2. Representatives of the Members of the United Nations and officials of the Organization shall similarly enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connexion with the Organization.
3. The General Assembly may make recommendations with a view to determining the details of the application of paragraphs 1 and 2 of this Article or may propose conventions to the Members of the United Nations for this purpose.
CHAPTER XII: OUT-OF-CHARACTER AND ROLEPLAY REGIONAL ADMINISTRATION
Article 53
The General Assembly shall make laws and regulations related to any field of the Role-Play (RP), with a majority vote.
A person shall only qualify as a Member of the Assembly if they have resided in the region for more than one-week, and have a registered and verified forum account. Members of the Assembly shall be responsible for voting and proposing legislation. Members of the Assembly have no term limit.
Article 54
The Judiciary of Esamir shall be a three part system, consisting of a Chief Justice, Associate Justices.
The Chief Justice shall oversee the proceedings of the Court, and will announce the decision of the Court or the Jury in cases, and will oversee the General Elections, Impeachment Proceedings, and Special Elections. The Chief Justice shall be voted-upon every six months, and shall have no term limit.
The Associate Justices will assist the Chief Justice in cases, and will assist in deciding the verdict in Civil Cases. If the Chief Justice is either in absentia or vacant, the most senior Associate Justice will oversee the Court Proceedings.
The Court will be the sole judiciary of Esamir, and will also oversee matters relating to the Charter of the UNE. The Court can, after the passage of an RP law, invalidate the law if they believe it to be in violation of the Charter. The author(s) of the law can request a trial if they so choose, upon which a member of the Court will act as the prosecution.
In trials where a nation is found to be in violation of regional law, the Prosecutor-General of Esamir will argue on behalf of the Esamir Government.
The Prosecutor-General shall be selected by the General Assembly by a majority vote and will argue the side of the Regional Government whenever a nation is found to be in violation of regional law.
Article 55
Residents of Esamir shall have:
The Right to Vote
The Right to Amend this Constitution
The Right to National Sovereignty
The Right to Unrestricted Dialogue
The Right to Protest the Regional Government
The Right to Participation
The Right to Run for Governmental Office
The Right to Exit the Region in a Peaceful Manner
The Right to a Fair Trial
Article 56
The Founder of Esamir, who is the sole-executor of non-roleplay administrative duties, shall be equally divided between five persons, in a transparent operation.
The Founder persons will retain the right to resign their administrative powers if they so choose. The Founders shall share the position, with only one Founder utilizing the account at any given time.
Should a Founder wish to resign their position, a special election will be called by the Chief Justice to administer the selection of a replacement Founder.
A Founder may have their powers revoked by a ⅔ majority in parliament.
The Founders will administer the region in a non-roleplay capacity, and their power shall be restricted to a non-roleplay function. Regional recruitment, security, and safety shall be controlled by the Founders.
Article 57
Any person seeking positions inside the Security Council, the International Court of Justice, and the Secretariat must have resided within the region for one-month and have a registered and verified forum account.
Article 58
The process of Amending the Constitution/Charter shall be initiated by three Members of the General Assembly. The process, called a Constitutional Convention, shall be officiated by either the Chief Justice or the senior-most Associate Justice. Should a ⅔ majority approve of an amendment, it will be adopted by the Esamir Government.
Should the Convention decide that a portion of the Constitution be repealed or amended, the Chief Justice shall inform either a Founder or a Forum Administrator of the desired changes, upon which they will enact them as soon as possible.
