Ouroboros Charter

[BATGRU Ouroboros CENTCOM]

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私たちは意志だけで生きる。
We live through will alone.

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Factional Charter

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Preface

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This document, hereafter known as the Charter of the Ouroboros Movement shall serve, in the best interests of the cause and all who believe and shall benefit from its' prosperity, is formed to establish a core basis of the movement's values and ideologies. Ergo, let it be known by all who witness this document, that ultimately, the ideals of the Ouroboros stem from Freedom, Justice, and the pursuit of happiness, unfettered by oligarchy, tyranny, and hatred that plagues both our home of Kusari and Sirius at large.

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Section I - Formation

Article I - Basis and Declarations on Human Rights and Dignities

§ 1 : Ouroboros, herefore preceeded by the Ouroboros Revolutionary Front, shall respect the rights of bodily autonomy and self-determination, that all sentient and competent life is created equal, and therein, that all sentient and competent life is deserved fair and equal representation in factional affairs. Further, the rights of those deemed invalid or incompetent, shall be treated with the same right to free expression and security in their personal affairs and autonomy as long as it does not put them into harm or unacceptable risk of harm.

§ 2: Ouroboros shall consider, with exception of promulgations of extreme hatred, fascist, tyrannical, or other grossly undesirable political pursuits and speech, deem the rights of the individual to freedom of speech, freedom of expression and freedom of the press to be paramount, and their protection of utmost priority, insofar as it does not violate the rights of others.

§ 3 : Ouroboros shall respect and ensure the protection of the privacy of the individual in their domiciles and in public insofar as it does not violate the rights of others.

§ 4 : Ouroboros shall not recognize any religions as official, but inversely shall preserve, protect and ensure the co-prosperity of all religions and religious belief systems insofar as it does not violate the rights of others.

§ 5 : Ouroboros shall respect the right of the civil community and paramilitary to assemble peacefully, protest and petition the High Command or in general insofar as it does not violate the rights of others.

§ 6 : Ouroboros shall respect the right to education, right of information, and provide factional information that is declassified or of no or justifiable risk to the public as part of the public interest, and shall under only grounds of factional security, tamper, bias or redact these documents and information insofar as it does not violate the rights of others.

§ 7 : Ouroboros shall respect the right of the individual to fair treatment within the judiciary and disciplinary system where possible within the faction's ability to render such treatment.

§ 8 : Under no circumstances should one's rights be curtailed in detention for any reason other than security or as part of a judicial ruling.

§ 9 Under no circumstances shall a person be forced to testify against themselves in a court of law.

§ 10 Under no circumstances shall due process or habeas corpus be curtailed, suspended, violated or otherwise infringed.

§ 11 Under no circumstances shall personal property be seized by the faction without fair compensation.

§ 12 Under no circumstances shall a person be subject to double jeopardy.

§ 13 Under no circumstances shall a person be subject to cruel or unusual punishment.

§ 14 Under no circumstances shall a person be tried in absentia without representation in a court of law.

§ 15 Under no circumstances shall a person be tried unfairly in a court of law, nor shall such trial be private or without adequate legal representation of the accused's defense.

§ 16 Under no circumstances shall the faction search or seize upon the personal property of members of the civil community or paramilitary, without warrant approved by a plurality of factional magistrates, and only be done with defined mandate of that which is to be searched or seized.

§ 17 Unless in direct immediate conflict, no paramilitary infantryperson shall be garrisoned within a private domicile without the owner's consent.

§ 18 Unless as defined in Article V of this charter, under no circumstances shall any rights defined in this charter be curtailed or infringed.

Article II - Acknowledgements

§ 1 Ouroboros hereafter recognizes itself as the successor of the Ouroboros Revolutionary Front, and its' civilian government, the People's Commonwealth of Kusari. Ergo, with exception to the Auxesian Technocracy, Crayter Republic, House Bretonia and House Liberty, all treaties, agreements, and diplomatic arrangements with parties involved with these predecessors shall be respected to the fullest extent possible.

§ 2 Ouroboros hereafter renounces without hostility, aggression, disdain or other negative sentiment, any factional affiliation with Zoner Society outside of alliance, out of desire to preserve Zoner values of neutrality, distance the movement from Zoner Society, and to mitigate further direct harm to their way of life.

§ 3 Ouroboros hereafter recognizes that this document in part is based upon the Constitution of La República Liparia, and as such, gives its' gratitude and attribution to the authors of the aformentioned document.

§ 4 It shall be the right of all members of the Ouroboros Movement, civil and paramilitary, with all resources and power at their disposal, rebuke, repel and resist against any parties both foreign and domestic.

§ 5 Ouroboros hereafter, as a result of this document, acknowledges and affirms, that a state of war against the illegitimate Empire of Kusari. Under no circumstances, shall a state of detente, surrender or concession to the Empire of Kusari be undertaken, unless agreed upon by a two-thirds majority of the membership.

§ 6 Ouroboros shall, at a time appropriate, either once amendment 5 of this article is fufilled by the dissolution or overthrow of the Empire of Kusari by force or by treaty, or at a time wherein de facto territorial control is established to an acceptable amount, establish a rump state. At such time, this charter shall be reviewed, amended and revised to fufill the role of a superseding constitutional document.

Section II - Governance

§ 1 The High Command of the Ouroboros Paramilitary, hereafter referred to as HIGHCOM, shall serve as the civil and military government of the Ouroboros movement and its' underlying society.

§ 2 The HIGHCOM shall above all else, respect the dignity, well-being and security of the society, and preserve the best interests of the cause and the society of the movement.

§ 3 The HIGHCOM shall derive its' power from the authority vested in it by its' subordinates and civil populace.

§ 4 The HIGHCOM shall reserve the right to declare an emergency session of the Public Legislature if needed.

§ 5 The HIGHCOM shall reserve the right to introduce legislation either with unanimous approval from all members of the HIGHCOM, or with petitioned support from the public pursuant to the statutes defined in Section III of this Charter.

§ 6 The HIGHCOM shall execute diplomatic, strategic and tactical decisions without approval from the Public Legislature, with exception for emergency sessions to convene for a HIGHCOM-initiated referrendum to either declare a state of war, or a state of emergency, unless taken by HIGHCOM to a binding resolution referrendum.

§ 7 In a state of Emergency, the Public Legislature shall be suspended indefinitely, and the civil populace may be enlisted to support the cause's survival if needed. This state of Emergency shall not last more than 180 days, unless extended by a two-thirds majority of the public legislature in an emergency session.

Article I - Formation

Sub-article I - The Office of the Commander

§ 1 The office of the Commander of the Ouroboros movement shall hold executive authority over the faction - hereafter designated to Nodoka Hanamura.

§ 2 The Commander shall exercise total authority over the paramilitary, and insofar as not otherwise limiting their adjutant commanders who oversee all high commands of the faction, the ability to exact checks and balances upon their power.

§ 3 The Commander shall hold this office indefinitely until such time they are deemed deceased, incapacitated or deemed unfit to serve, as outlined in Article II of this section.

§ 4 The Commander, pursuant to prerequisites defined in Section I, Article II, Amendment 6 of this charter, shall immediately assume a term of 4 years.

§ 5 Upon the end of this 4 year term, a direct referendum shall be formulated to decide whether or not the position of the Imperial Throne shall act as superior authority. Pursuant to prerequisites defined in Section I, Article II, Amendment 6 of this charter, this shall be carried over to the successor constitution.

§ 6 Upon the conclusion of this referrendum, elections for President if the Imperial throne is retained as a cultural authority (figurehead), or Prime Minister if the Imperial Throne is ascended again to ultimate authority shall commence.

§ 7 The Commander shall retain the right to veto or approve legislation petitioned to the government for bi-annual referendum.

§ 8 The Commander shall be permitted to appoint a Chief Prosecutor to serve as their representative for the faction in magistrate trials.

Sub-article II - The Office of the Civil Ombudsman

§ 1 The office of the Civil Ombudsman of the Ouroboros Movement shall act as the legislative adjudicator for the faction.

§ 2 The office of the Civil Ombudsman shall be elected into their role via nomination every year.

§ 3 The office of the Civil Ombudsman shall be responsible for recieving petitions for legislation, overseeing and managing referendums, and otherwise acting as a representative of the faction-at-large to the high command.

§ 4 The office of the Civil Ombudsman shall be responsible for appointing legal representation for the defendant in trials.

§ 5 The office of the Civil Ombudsman shall hold this office for one year from the date of their election to the office. At such time they are deemed unfit, incapacitated or deceased, they shall be expelled from this office as outlined in Article II of this Charter.

§ 6 The office of the Civil Ombudsman shall reserve the right to request an emergency meeting to discuss a referendum pertaining to urgent matters. Whilst the Commander reserves the right to execute the will of the faction without legislative mandate, abuse of the Commander's right should be deemed grounds for unfitness for office.

§ 7 The office of the Civil Ombudsman may serve only 4 terms, after which they shall be barred from serving in this office for an additional four years.

Sub-article II - The Magistrate Court

§ 1 The Magistrate Court of the Ouroboros Movement serves as the Martial court of the movement's civil and military laws. It shall be appointed by public nomination and referendum every 2 years.

§ 2 The Magistrate Court shall consist of no more than 6 judges, and no less than 3.

§ 3 The Magistrate Court shall reserve the right to deem those in command or civil authority roles unfit for office and see to their removal as outlined in Article II of this Section.

§ 4 The Magistrate Court shall be subject to public review annually, and if needed, impeachment referendums may be initiated.

§ 5 The Magistrate Court shall be the authority of the Ouroboros Paramilitary Police Corps.

§ 6 In the event of liability for violations of this document, the Commander or Civil Ombudsman shall appoint a neutral arbitrator to rule on the matter. If the Court is deemed to have been liable, an impeachment referendum shall be initiated.

Article II - Competency

§ 1 Any persons who hold office as defined in this Charter must be of sound mind and body to the extent that they can reliably, swiftly, and capably exact the will of the cause and its' members.

§ 2 Any person accused of being unfit by binding resolution to petition for no confidence, shall be reviewed by medical staff and brought forth for impeachment by the Magistrate Court.

§ 3 Any person whom is found to be unfit by the magistrate shall be removed from office. An emergency election shall take place no later than 30 days from the date of impeachment.

§ 4 If the impeached is found to have committed crimes whilst in office, they shall be tried in accordance with judicial procedure.

§ 5 If they are deemed unfit to serve in the paramilitary, they shall be resigned to the civil populace.

Section III - Formation of the Public Legislature

§ 1 To ensure the will of the people is upheld, and preserve democracy, the formation of the Public Legislature is established hereafter in this document.

§ 2 The Public Legislature shall consist of all mentally competent members of the movement that have reached the age of majority.

§ 3 The Public Legislature shall be able to petition the HIGHCOM for the formation of laws, in coordination with the Civil Ombudsman.

§ 4 The Public Legislature may petition the Civil Ombudsman with proposed bills when enclosed with signatures of no less than 3,000 persons. This statute's number may be revised via referendum to ensure appropriate representation as the society grows. A petition must consist of the bill contents, a condensed bill for ease of review, and a list of the names of those initiating and sponsoring the petition.

§ 5 The Public Legislature shall convene to vote on all petitioned bills on the 51st and 233rd days of the calendar year. Petitions must be filed with the Civil Ombudsman by no later than 14 days prior to those dates.

§ 6 Voting is compulsory for the sake of eliminating voter suppression, and ensuring a clear, concise and absolute will of the cause is established.

§ 6 Any bill brought forth by the Public Legislature must not contradict or violate the statutes of this document unless part of a Charter Amendment.

§ 7 The Public Legislature may also petition for binding resolutions, wherein no legislative changes are made, but demands to the HIGHCOM are established and must be followed.

§ 8 All bills and resolutions voted on must reach a simple majority to pass. Any resolution or bill that does not reach this majority is expunged and must be repetitioned.

§ 9 Once passed, a bill or resolution is passed on to the HIGHCOM for review. All non-Commander officers shall vote on the petition. A simple majority must vote in support of the bill, or vote to veto.

§ 10 Once passed by HIGHCOM, the Commander shall sign the petition, ratifying it into law, or veto the petition.

§ 11 If a bill is vetoed by HIGHCOM or the Commander, the petition may be retained for the next legislative session, where in the veto may be overridden by a two-thirds majority, or it may be dissolved by the original petition creators.

Section IV - The Ouroboros Paramilitary

§ 1 The defense of the cause, its' assets, its' civilian population, and those considered allies of the movement where possible, as well as waging revolutionary war against Kusari shall be provided by the Ouroboros Paramilitary.

§ 2 The Paramilitary shall accept monetary or other benefits from allied parties in return for support or sale of assets produced by the paramilitary, which shall be used to bolster the paramilitary and where possible, improve the way of life of members of the cause.

§ 3 All members of the cause, unless unfit for service, partaking in civilian roles, or otherwise deemed to have met their service requirements, shall be enlisted in the paramilitary upon reaching the age of 18.

Section V - Military Police

§ 1 Policing of the cause shall be enforced by the Ouroboros Paramilitary Police, hereafter referred to the Military Police, and their members referred as MPs.

§ 2 MPs shall uphold and respect the rule of law within the paramilitary and civil society, in line with legislation within the Ouroboros Revised Statutes and directives given by the Magistrate Court.