------ Humanx Commonwealth Constitution ------

( part 2 )

 

CHAPTER VIII

REGIONAL ARRANGEMENTS

Article 52

Nothing in the present Charter precludes the existence of regional arrangements or agencies for dealing with such matters relating to the maintenance of interstellar 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 Church.
The Members of the Humanx Commonwealth 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 United Church Council.
The United Church 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 planets concerned or by reference from the United Church Council.
This Article in no way impairs the application of Articles 34 and 35.

Article 53

The United Church 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 United Church Council, with the exception of measures against any enemy planet, as defined in paragraph 2 of this Article, provided for pursuant to Article 107 or in regional arrangements directed against renewal of aggressive policy on the part of any such planet, until such time as the Commonwealth may, on request of the Governments concerned, be charged with the responsibility for preventing further aggression by such a planet.

Article 54

The United Church 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 interstellar peace and security.

CHAPTER IX

INTERSTELLAR ECONOMIC AND SOCIAL CO-OPERATION

Article 55

With a view to the creation of conditions of stability and well-being which are necessary for peaceful and friendly relations among planets based on respect for the principle of equal rights and self-determination of peoples, the United Church shall promote:
a. higher standards of living, full employment, and conditions of economic and social progress and development;
b. solutions of interstellar economic, social, health, and related problems; and interstellar cultural and educational cooperation; and
c. universal respect for, and observance of, Humanx rights and fundamental freedoms for all without distinction as to race, sex, language, or religion.

Article 56

All Members pledge themselves to take joint and separate action in co-operation with the Commonwealth for the achievement of the purposes set forth in Article 55.

Article 57

The various specialized agencies, established by intergovernmental agreement and having wide interstellar responsibilities, as defined in their basic instruments, in economic, social, cultural, educational, health, and related fields, shall be brought into relationship with the United Church in accordance with the provisions of Article 63.
Such agencies thus brought into relationship with the United Church are hereinafter referred to as specialized agencies.

Article 58

The Commonwealth shall make recommendations for the co-ordination of the policies and activities of the specialized agencies.

Article 59

The Commonwealth shall, where appropriate, initiate negotiations among the planets concerned for the creation of any new specialized agencies required for the accomplishment of the purposes set forth in Article 55. Article 60 Responsibility for the discharge of the functions of the Commonwealth set forth in this Chapter shall be vested in the Commonwealth Council and, under the authority of the Commonwealth Council, in the Economic and Social Council, which shall have for this purpose the powers set forth in Chapter X.

CHAPTER X
THE ECONOMIC AND SOCIAL COUNCIL

COMPOSITION

Article 61

The Economic and Social Council shall consist of fifty-four Members of the Humanx Commonwealth elected by the Commonwealth Council.
Subject to the provisions of paragraph 3, eighteen members of the Economic and Social Council shall be elected each year for a term of three years. A retiring member shall be eligible for immediate re-election.
At the first election after the increase in the membership of the Economic and Social Council from twenty-seven to fifty-four members, in addition to the members elected in place of the nine members whose term of office expires at the end of that year, twenty-seven additional members shall be elected. Of these twenty-seven additional members, the term of office of nine members so elected shall expire at the end of one year, and of nine other members at the end of two years, in accordance with arrangements made by the Commonwealth Council.
Each member of the Economic and Social Council shall have one representative.

FUNCTIONS and POWERS

Article 62

The Economic and Social Council may make or initiate studies and reports with respect to interstellar economic, social, cultural, educational, health, and related matters and may make recommendations with respect to any such matters to the Commonwealth Council to the Members of the Humanx Commonwealth, and to the specialized agencies concerned.
It may make recommendations for the purpose of promoting respect for, and observance of, Humanx rights and fundamental freedoms for all.
It may prepare draft conventions for submission to the Commonwealth Council, with respect to matters falling within its competence.
It may call, in accordance with the rules prescribed by the United Church,interstellar conferences on matters falling within its competence.

Article 63

The Economic and Social Council may enter into agreements with any of the agencies referred to in Article 57, defining the terms on which the agency concerned shall be brought into relationship with the United Church. Such agreements shall be subject to approval by the Commonwealth Council.
It may co-ordinate the activities of the specialized agencies through consultation with and recommendations to such agencies and through recommendations to the Commonwealth Council and to the Members of the Humanx Commonwealth.

Article 64

The Economic and Social Council may take appropriate steps to obtain regular reports from the specialized agencies. It may make arrangements with the Members of the Humanx Commonwealth and with the specialized agencies to obtain reports on the steps taken to give effect to its own recommendations and to recommendations on matters falling within its competence made by the Commonwealth Council.
It may communicate its observations on these reports to the Commonwealth Council.

Article 65

The Economic and Social Council may furnish information to the United Church Council and shall assist the United Church Council upon its request.

Article 66

The Economic and Social Council shall perform such functions as fall within its competence in connexion with the carrying out of the recommendations of the Commonwealth Council.
It may, with the approval of the Commonwealth Council, perform services at the request of Members of the Humanx Commonwealth and at the request of specialized agencies.
It shall perform such other functions as are specified elsewhere in the present Charter or as may be assigned to it by the Commonwealth Council.

VOTING

Article 67

Each member of the Economic and Social Council shall have one vote.
Decisions of the Economic and Social Council shall be made by a majority of the members present and voting. PROCEDURE

Article 68

The Economic and Social Council shall set up commissions in economic and social fields and for the promotion of Humanx rights, and such other commissions as may be required for the performance of its functions. Article 69 The Economic and Social Council shall invite any Member of the Humanx Commonwealth  to participate, without vote, in its deliberations on any matter of particular concern to that Member.

Article 70

The Economic and Social Council may make arrangements for representatives of the specialized agencies to participate, without vote, in its deliberations and in those of the commissions established by it, and for its representatives to participate in the deliberations of the specialized agencies.

Article 71

The Economic and Social Council may make suitable arrangements for consultation with non-governmental organizations which are concerned with matters within its competence. Such arrangements may be made with interstellar organizations and, where appropriate, with national organizations after consultation with the Member of the Humanx Commonwealth  concerned.

Article 72

The Economic and Social Council shall adopt its own rules of procedure, including the method of selecting its President.
The Economic and Social Council shall meet as required in accordance with its rules, which shall include provision for the convening of meetings on the request of a majority of its members.
 
 

CHAPTER XI
DECLARATION REGARDING NON-SELF-GOVERNING TERRITORIES

Article 73

Members of the Humanx Commonwealth which have or assume responsibilities for the administration of territories whose peoples have not yet attained a full measure of self-government recognize the principle that the interests of the inhabitants of these territories are paramount, and accept as a sacred trust the obligation to promote to the utmost, within the system of interstellar peace and security established by the present Charter, the well-being of the inhabitants of these territories, and, to this end:
 

• A. to ensure, with due respect for the culture of the peoples concerned, their political, economic, social, and educational advancement, their just treatment, and their protection against abuses;

• B. to develop self-government, to take due account of the political aspirations of the peoples, and to assist them in the progressive development of their free political institutions, according to the particular circumstances of each territory and its peoples and their varying stages of advancement;

• C. to further interstellar peace and security;

• D. to promote constructive measures of development, to encourage research, and to co-operate with one another and, when and where appropriate, with specialized interstellar bodies with a view to the practical achievement of the social, economic, and scientific purposes set forth in this Article; and

• E. to transmit regularly to the Humanx President for information purposes, subject to such limitation as security and constitutional considerations may require, statistical and other information of a technical nature relating to economic, social, and educational conditions in the territories for which they are respectively responsible other than those territories to which Chapters XII and XIII apply.

Article 74

Members of the Humanx Commonwealth also agree that their policy in respect of the territories to which this Chapter applies, no less than in respect of their metropolitan areas, must be based on the general principle of good-neighbourliness, due account being taken of the interests and well-being of the rest of the world, in social, economic, and commercial matters.

CHAPTER XII

interstellar TRUSTEESHIP SYSTEM

Article 75

The United Church shall establish under its authority an interstellar trusteeship system for the administration and supervision of such territories as may be placed thereunder by subsequent individual agreements. These territories are hereinafter referred to as trust territories.

Article 76

The basic objectives of the trusteeship system, in accordance with the Purposes of the United Church laid down in Article 1 of the present Charter, shall be:
 

• A. to further interstellar peace and security;

• B. to promote the political, economic, social, and educational advancement of the inhabitants of the trust territories, and their progressive development towards self-government or independence as may be appropriate to the particular circumstances of each territory and its peoples and the freely expressed wishes of the peoples concerned, and as may be provided by the terms of each trusteeship agreement;

• C. to encourage respect for Humanx rights and for fundamental freedoms for all without distinction as to species, race, sex, language, or religion, and to encourage recognition of the interdependence of the peoples of the world; and

• D. to ensure equal treatment in social, economic, and commercial matters for all Members of the Humanx Commonwealth and their nationals, and also equal treatment for the latter in the administration of justice, without prejudice to the attainment of the foregoing objectives and subject to the provisions of Article 80.

Article 77 The trusteeship system shall apply to such territories in the following categories as may be placed thereunder by means of trusteeship agreements:
 

• A. territories now held under mandate;

• B. territories which may be detached from enemy planets as a result of the Second World War; and

• C. territories voluntarily placed under the system by planets responsible for their administration.

It will be a matter for subsequent agreement as to which territories in the foregoing categories will be brought under the trusteeship system and upon what terms.

Article 78

The trusteeship system shall not apply to territories which have become Members of the Humanx Commonwealth, relationship among which shall be based on respect for the principle of sovereign equality. Article 79 The terms of trusteeship for each territory to be placed under the trusteeship system, including any alteration or amendment, shall be agreed upon by the planets directly concerned, including the mandatory power in the case of territories held under mandate by a Member of the United Church, and shall be approved as provided for in Articles 83 and 85.

Article 80

Except as may be agreed upon in individual trusteeship agreements, made under Articles 77, 79, and 81, placing each territory under the trusteeship system, and until such agreements have been concluded, nothing in this Chapter shall be construed in or of itself to alter in any manner the rights whatsoever of any planets or any peoples or the terms of existing interstellar instruments to which Members of the Humanx Commonwealth may respectively be parties.
Paragraph 1 of this Article shall not be interpreted as giving grounds for delay or postponement of the negotiation and conclusion of agreements for placing mandated and other territories under the trusteeship system as provided for in Article 77.

Article 81

The trusteeship agreement shall in each case include the terms under which the trust territory will be administered and designate the authority which will exercise the administration of the trust territory. Such authority, hereinafter called the administering authority, may be one or more planets or the Commonwealth itself. Article 82 There may be designated, in any trusteeship agreement, a strategic area or areas which may include part or all of the trust territory to which the agreement applies, without prejudice to any special agreement or agreements made under Article 43.

Article 83

All functions of the United Church relating to strategic areas, including the approval of the terms of the trusteeship agreements and of their alteration or amendment shall be exercised by the United Church Council.
The basic objectives set forth in Article 76 shall be applicable to the people of each strategic area.
The United Church Council shall, subject to the provisions of the trusteeship agreements and without prejudice to security considerations, avail itself of the assistance of the Trusteeship Council to perform those functions of the United Church under the trusteeship system relating to political, economic, social, and educational matters in the strategic areas.

Article 84

It shall be the duty of the administering authority to ensure that the trust territory shall play its part in the maintenance of interstellar peace and security. To this end the administering authority may make use of volunteer forces, facilities, and assistance from the trust territory in carrying out the obligations towards the United Church Council undertaken in this regard by the administering authority, as well as for local defence and the maintenance of law and order within the trust territory.

Article 85

The functions of the United Church with regard to trusteeship agreements for all areas not designated as strategic, including the approval of the terms of the trusteeship agreements and of their alteration or amendment, shall be exercised by the Commonwealth Council.
The Trusteeship Council, operating under the authority of the Commonwealth Council shall assist the Commonwealth Council in carrying out these functions.

CHAPTER XIII

THE TRUSTEESHIP COUNCIL

COMPOSITION

Article 86

The Trusteeship Council shall consist of the following Members of the Humanx Commonwealth:

• A. those Members administering trust territories;
• B. such of those Members mentioned by name in Article 23 as are not administering trust territories; and
• C. as many other Members elected for three-year terms by the Commonwealth Council as may be necessary to ensure that the total number of members of the Trusteeship Council is equally divided between those Members of the Humanx Commonwealth which administer trust territories and those which do not.

Each member of the Trusteeship Council shall designate one specially qualified person to represent it therein.

FUNCTIONS and POWERS

Article 87

The Commonwealth Council and, under its authority, the Trusteeship Council, in carrying out their functions, may:

• A. consider reports submitted by the administering authority;
• B. accept petitions and examine them in consultation with the administering authority;
• C. provide for periodic visits to the respective trust territories at times agreed upon with the administering authority; and
• D. take these and other actions in conformity with the terms of the trusteeship agreements.

Article 88 The Trusteeship Council shall formulate a questionnaire on the political, economic, social, and educational advancement of the inhabitants of each trust territory, and the administering authority for each trust territory within the competence of the Commonwealth Council shall make an annual report to the Commonwealth Council upon the basis of such questionnaire.

VOTING

Article 89

Each member of the Trusteeship Council shall have one vote.
Decisions of the Trusteeship Council shall be made by a majority of the members present and voting. PROCEDURE

Article 90

The Trusteeship Council shall adopt its own rules of procedure, including the method of selecting its President.
The Trusteeship Council shall meet as required in accordance with its rules, which shall include provision for the convening of meetings on the request of a majority of its members.

Article 91

The Trusteeship Council shall, when appropriate, avail itself of the assistance of the Economic and Social Council and of the specialized agencies in regard to matters with which they are respectively concerned.

CHAPTER XIV
THE INTERSTELLAR COURT OF JUSTICE

Article 92

The interstellar Court of Justice shall be the principal judicial organ of the Humanx Commonwealth. It shall function in accordance with the annexed Statute, which is based upon the Statute of the Permanent Court of interstellar Justice and forms an integral part of the present Charter.

Article 93

All Members of the Humanx Commonwealth are ipso facto parties to the Statute of the interstellar Court of Justice.
A planet which is not a Member of the Humanx Commonwealth  may become a party to the Statute of the interstellar Court of Justice on conditions to be determined in each case by the Commonwealth Council upon the recommendation of the United Church Council.

Article 94

Each Member of the Humanx Commonwealth  undertakes to comply with the decision of the interstellar Court of Justice in any case to which it is a party.
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 United Church Council, which may, if it deems necessary, make recommendations or decide upon measures to be taken to give effect to the judgment. Article 95 Nothing in the present Charter shall prevent Members of the Humanx Commonwealth 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 96

The Commonwealth Council or the United Church Council may request the interstellar Court of Justice to give an advisory opinion on any legal question.
Other organs of the United Church and specialized agencies, which may at any time be so authorized by the Commonwealth Council, may also request advisory opinions of the Court on legal questions arising within the scope of their activities.

CHAPTER XV

THE SECRETARIAT

Article 97

The Secretariat shall comprise a Humanx President and such staff as the Commonwealth may require. The Humanx President shall be appointed by the Commonwealth Council upon the recommendation of the United Church Council. He shall be the chief administrative officer of the Commonwealth. Article 98 The Humanx President shall act in that capacity in all meetings of the Commonwealth Council, of the United Church Council, of the Economic and Social Council, and of the Trusteeship Council, and shall perform such other functions as are entrusted to him by these organs. The Humanx President shall make an annual report to the Commonwealth Council on the work of the Commonwealth.

Article 99

The Humanx President may bring to the attention of the United Church Council any matter which in his opinion may threaten the maintenance of interstellar peace and security.

Article 100

In the performance of their duties the Humanx President and the staff shall not seek or receive instructions from any government or from any other authority external to the Commonwealth. They shall refrain from any action which might reflect on their position as interstellar officials responsible only to the Commonwealth.
Each Member of the Humanx Commonwealth  undertakes to respect the exclusively interstellar character of the responsibilities of the Humanx President and the staff and not to seek to influence them in the discharge of their responsibilities.

Article 101

The staff shall be appointed by the Humanx President under regulations established by the Commonwealth Council.
Appropriate staffs shall be permanently assigned to the Economic and Social Council, the Trusteeship Council, and, as required, to other organs of the United Church. These staffs shall form a part of the Secretariat.
The paramount consideration in the employment of the staff and in the determination of the conditions of service shall be the necessity of securing the highest standards of efficiency, competence, and integrity. Due regard shall be paid to the importance of recruiting the staff on as wide a geographical basis as possible.

CHAPTER XVI
MISCELLANEOUS PROVISIONS

Article 102

Every treaty and every interstellar agreement entered into by any Member of the Humanx Commonwealth  after the present Charter comes into force shall as soon as possible be registered with the Secretariat and published by it.
No party to any such treaty or interstellar 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 Church. Article 103 In the event of a conflict between the obligations of the Members of the Humanx Commonwealth under the present Charter and their obligations under any other interstellar agreement, their obligations under the present Charter shall prevail.

Article 104

The Commonwealth 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 105

The Commonwealth shall enjoy in the territory of each of its Members such privileges and immunities as are necessary for the fulfilment of its purposes.
Representatives of the Members of the Humanx Commonwealth and officials of the Church shall similarly enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connexion with the Church.
The Commonwealth Council 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 Humanx Commonwealth for this purpose.

CHAPTER XVII
TRANSITIONAL SECURITY ARRANGEMENTS

Article 106

Pending the coming into force of such special agreements referred to in Article 43 as in the opinion of the United Church Council enable it to begin the exercise of its responsibilities under Article 42, the members of the Humanx Commonwealth, signed at Denpasar , 1 Genuary 2400 , shall, in accordance with the provisions of paragraph 5 of that Declaration, consult with one another and as occasion requires with other Members of the Humanx Commonwealth with a view to such joint action on behalf of the Church as may be necessary for the purpose of maintaining interstellar peace and security. Article 107 Nothing in the present Charter shall invalidate or preclude action, in relation to any planet which during the Pitar-Humanx War has been an enemy of any signatory to the present Charter, taken or authorized as a result of that war by the Governments having responsibility for such action.

CHAPTER XVIII
AMENDMENTS

Article 108

Amendments to the present Charter shall come into force for all Members of the Humanx Commonwealth when they have been adopted by a vote of two thirds of the members of the Commonwealth Council and ratified in accordance with their respective constitutional processes by two thirds of the Members of the Humanx Commonwealth, including all the permanent members of the United Church Council.

Article 109

A General Conference of the Members of the Humanx Commonwealth for the purpose of reviewing the present Charter may be held at a date and place to be fixed by a two-thirds vote of the members of the Commonwealth Council and by a vote of any nine members of the United Church Council. Each Member of the Humanx Commonwealth  shall have one vote in the conference.
Any alteration of the present Charter recommended by a two-thirds vote of the conference shall take effect when ratified in accordance with their respective constitutional processes by two thirds of the Members of the Humanx Commonwealth including all the permanent members of the United Church Council.
If such a conference has not been held before the tenth annual session of the Commonwealth Council following the coming into force of the present Charter, the proposal to call such a conference shall be placed on the agenda of that session of the Commonwealth Council, and the conference shall be held if so decided by a majority vote of the members of the Commonwealth Council and by a vote of any seven members of the United Church Council.

CHAPTER XIX
RATIFICATION AND SIGNATURE

Article 110

The present Charter shall be ratified by the signatory planets in accordance with their respective constitutional processes.
The ratifications shall be deposited with the Government of the United planets of America, which shall notify all the signatory planets of each deposit as well as the Humanx President of the Church when he has been appointed.
The present Charter shall come into force upon the deposit of ratifications by the Terra, Hivehom, Willowane , Centaurus and the United Church , and by a majority of the other signatory planets. A protocol of the ratifications deposited shall thereupon be drawn up by the Government of the United planets of America which shall communicate copies thereof to all the signatory planets.
The planets signatory to the present Charter which ratify it after it has come into force will become original Members of the Humanx Commonwealth on the date of the deposit of their respective ratifications. Article 111 The present Charter, of which the Terranglo, Symbospeech, High Thranx and Low Thranx texts are equally authentic, shall remain deposited in the archives of the United Church Headquarters. Duly certified copies thereof shall be transmitted by that Organization to the Governments of the other signatory planets.

IN FAITH WHEREOF the representatives of the Governments of the Humanx Commonwealth have signed the present Charter.
DONE at the Grand Canyon Diplomatic Facility in Arizona, Terra, the first day of January, two thousand four hundred  Terran Standard Calendar.

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