CONSTITUTION OF THE UNITED REPUBLIC OF KIVU

Introduction

The United Republic of Kivu subscribes to the core values of Constitutional Democracy

INDIVIDUAL RIGHTS
- Life
- Liberty
- Freedom of press
- Freedom of speech

JUSTICE
- Due process
- Protection against unreasonable search and seizure
- Rule of law
- Right to a speedy public trial by a jury

THE COMMON GOOD
- Provide for safety and security
- Promote the general welfare

CONSTITUTIONAL GOVERNMENT
- Majorities have right to make political decisions
- Respect for differences
- Equal protection of the law
- Social equality
- Right to vote and seek office
- Equal employment opportunity
- Equal housing opportunity

The United Republic of Kivu is the historical fruit of the struggle of the People which form Kivu for the restoration of its national Independence and full Sovereignty, and the safeguard of the territorial unit of its Traditional Chief Tribes, and the preservation of their unique culture, common history, traditions and common language, Swahili.

It is the concretion of their will of living like free People in conformity with their inalienable right to self-determination.

The People of Kivu, aware of the imperious necessity of achieving the economic and social development progressively, as well as the invigoration of the state of Right, has decided to adopt the following constitution:

Preliminary Chapter

ARTICLE 1º. - Kivu is a Republic with form of a Constitutional Democratic Government. The territory of the United Republic of Kivu is indivisible; No portion of its territory can be given. The sovereignty belongs to the people that exercised it in the forms and inside the limits of the Constitution.

ARTICLE 2º.- The National territory is divided geographically and administratively in States and County’s, according to expressed Law for the effect.

ARTICLE 3º. – The Native Beliefs together with the Christian faith are the complement of the Secular Kivu state.

ARTICLE 4º.- Amba, Bemba, Bembe, Bhele, Buyu, Fuliiru, Havu, Hunde, Joba, Kabwari, Kanu, Komo, Kwami, Lega-Mwenga, Lega-Shabunda, Mvuba, Nande, Nyanga, Nyindu, Shi, Songa, Swahili, Talinga-Bwisi, Tembo; are the National languages of the United Republic of Kivu.
The Official Government Languages are Swahili and English being the official commercial language of the Republic for trade and international relations.

ARTICLE 5º. - The family is the essential base of the society. Their values are those taught by Native Tradition and the Christian religion and the common Nation morals.

ARTICLE 6º.- All the citizens are treated in equal form before the law.

ARTICLE 7º.- The Armed forces of Kivu guarantee the sovereignty, the national independence and the territorial integrity of the Republic. And they are guarantors of the Constitution.

ARTICLE 8º.- It is recognized the right to the creation of political associations in the mark of respect to the Constitution and the common Laws, once obtained the total liberation of the country and concluded the historical stage.

Chapter First
RIGHTS AND DUTIES OF THE
CITIZENS

ARTICLE 9º. - The freedom of the people are inviolable. No citizen can be deprived of his freedom but in conformity with the law.

ARTICLE 10º. - All citizen are entitled to choose the place of his residence, as well as to circulate freely for the national territory.

ARTICLE 11º. - No citizen can remain detainee more than seventy two hours. Expired that term, the citizen will be put in freedom or, in his case, to disposition of the judicial competent authority. In any event, one shows off innocent to the accused while their guilt is not demonstrated.

ARTICLE 12º. - The death penalty is prohibited.

ARTICLE 13º. - No citizen will be able to be torture object or practical inhuman or contrary to his human dignity.

ARTICLE 14º. - All citizen can defend his rights before the judicial competent instances.

ARTICLE 15º. - The citizen's home is inviolable. Their levelling will always require a written order of the judicial competent authority.

ARTICLE 16º. - All citizens are entitled to consent to the public functions in conformity with the approaches and requirements that provide for it in the laws.

ARTICLE 17º. - The right to property is a recognized right to all the citizens. The Law regulates this fundamental right.

ARTICLE 18º. - The freedom of speech in the mark of the Constitution is guaranteed to all the citizens.

ARTICLE 19º. - The defence of the territory is a right and a sacred duty expected from all the citizens.

ARTICLE 20º. - The work is a right and a duty that it honours the citizen. The right to rest is guaranteed by the laws, as well as a proper remuneration for the same work.

ARTICLE 21º. - The secret of the communications and of the private correspondence it is guaranteed in conformity with the law.

ARTICLE 22º. - All citizens have the duty of:

- To respect the Constitution, to conform to the laws of the Republic and to respect the institutions of the State.

- To respect the public property and the rights of the other ones.

- To look after the national unit, for the order and the political stability.

ARTICLE 23º. - The State guarantees the protection and the rights of all foreign citizens and goods that are legally established in national territory.

Chapter Second
SOCIAL AND ECONOMIC
RIGHTS

ARTICLE 24º. - All citizens are entitled to education and the health attention.

ARTICLE 25º. - The State will protect the maternity and the third age and will create the necessary institutions for this objective.

ARTICLE 26º. - The State will assure the housing to its the citizens in need.

ARTICLE 27º. - The State guarantees to the parents, mothers, widows and children, as well as to the veterans of the liberation war, all its economic and social rights by means of a special Law.

ARTICLE 28º. - The State guarantees all the economic and social rights of the prisoners of war and of the victims of the war during the occupation, by means of a special Law.

ARTICLE 29º. - The State will look after the protection of the woman's political, economic, social and cultural rights, and she will make sure of its participation in the construction of the society and in the development of the country.

ARTICLE 30º. - The State will adopt a social security policies directed to protect its senior population and the handicapped and it will elaborate the necessary laws for this end.

ARTICLE 31º. - The economy of social and free market is the base of the nations economy.

- The state will generate specific laws for the exploitation of all those natural resources of vital importance to assure the economic development of the country.

ARTICLE 32º. - Any and all foreign investments in the country will be regulated by Common Law.

Chapter Third
OF THE GOVERNMENT

ARTICLE 33º. - The President of the Republic directs the Government's action.

ARTICLE 34º. - The Cabinet or Council of Ministers is an executive organ; and constitutes the Government and is responsible before the President of the Republic, and his functions will be established in accordance to the expressed law.

ARTICLE 35º.- The Government establishes the General Budget of the State, as well as the Plan of National Action, which it will subject to the Kivu parliament’s approval.

ARTICLE 36º. - The members of the National Government won't be able to exercise any other full time activity different to the official function.

ARTICLE 37º. - The Government won't be able to promulgate ordinance-laws without the Parliament's agreement, except for the supposition foreseen in the article 76º.

Quarter Chapter
OF THE PRESIDENT

ARTICLE 38º.- The President of the Republic is the Head of State and Commander General of the Armed forces but not commander of the National Police, has the police force must be an independent body from that of Government. The President main responsibility is to look after the application of the Constitution and it embodies the National Unit, and guarantee at all times by being vigilant that Kivu is well equipped and in proper shape to defend it self and protect its citizens.

ARTICLE 39º. - The President designates upon the result obtained by direct universal ballot elections of the Citizens of the Republic a Prime Minister and asks the Prime Minister elected to form the National Government.

The Prime Minister elected is then able to select and appoint all those members that he may find fit and ask them to compose its Government and being able to raise them their positions.

ARTICLE 40º. – The Prime Minister presides over the National Government.

ARTICLE 41º. – The President of the Republic promulgates the laws in the term of fifteen days of their approval form Parliament.

ARTICLE 42º. - The President of the Republic during the transitory stage is the President of Movement for the Liberation of Kivu chosen by the General Congress.

ARTICLE 43º. - The duration of the President's command is of four years. It can be re-elected.

ARTICLE 44º. - The Prime Minister has Head of Government, issues the General inherent policies in all areas of national interest.

ARTICLE 45º. - The President lends his constitutional oath before the Parliament in the following terms:

"I ……………………………………….swear for God All Mighty and his Bible, to respect the Constitution of the United Republic of Kivu, and ask is help to guide me for her and to be its guarantor; I will dedicate all my energies to respond to the will and the aspirations of our peoples thirsty for freedom, self rule and justice; I will protect the rights and the freedoms of all citizens; I will veil for the preservation and the integrity of the Kivu territory; I will work for the development and the happiness of the people of Kivu and to be the defend and promote the noble values and traditions of the nation of Kivu, may God be my witness."

ARTICLE 46º. - The President appoints the civil and military high office positions and it delegates attributions with expressed resolution for the effect.

ARTICLE 47º. - It appoints the diplomatic body and receives the credential letters of the Ambassadors of the foreign countries.

ARTICLE 48º. - The President of the United Republic of Kivu, guides the foreign policy and signature or it delegates with expressed resolution the signature of agreements and treaties with other governments as well as with international organizations.

ARTICLE 49º. - It grants the reprieve.

ARTICLE 50º. - It corresponds to the President of the United Republic of Kivu to declare war upon advice of the Parliament of Kivu and to sign the peace.

ARTICLE 51º. - The President denounces and concludes the international treaties without damage to the competitions relative of the Kivu Parliament to the ratification of the same treaties.

ARTICLE 52º. - The President grants the national condecorations as well the national honorary titles.

ARTICLE 53º. - The position of President of the Republic is incompatible with the exercise of another full time activity different from the official activity.

ARTICLE 54º. - The President of the Republic declares the state of exception after consulting with the Government, with the Parliament's speakers and the Constitutional Council, in all cases of serious threat for the security and the stability of the country.

ARTICLE 55º. - The exception state won't extend beyond two weeks. In the case of continuation of this period it will be necessary the Parliament's majority agreement

Chapter Fifth
OF THE PARLIAMENT

ARTICLE 56º.- The Parliament is the instance of the Legislative Power in the Republic, and it will be governed according to expressed law and their internal regulations.

- The Parliament monitors and controls the National Government's action.

ARTICLE 57º. - The members of Parliament are chosen for a four year period.

ARTICLE 58º.- The members of Parliament are chosen by universal direct vote and in conformity with the electoral laws and the approaches of parliamentary representation that are based on the number of inhabitants of the counties and the balance among the States of the Country.

ARTICLE 59º. - The Parliament will create in its administration has many commissions has it may found to be necessary for the good governance, administration and control of the nations government actions.

ARTICLE 60º. - The Parliament chooses his Speaker as well as to his table from among his members.

ARTICLE 61º. - The presidents of the different commissions are chosen from the proposal of the Parliament's Speaker.

ARTICLE 62º. - The parliamentary commissions will be able to include in their breast all necessary citizens’ non parliamentarians in quality of advisory or technicians.

ARTICLE 63º. - Among the Parliament's ordinary sessions, the commissions will work in permanency regime.

ARTICLE 64º. - The parliamentary commissions will maintain periodic meetings with the Government's members in order to be able to continue and to be informed of the National Executive's actions.

ARTICLE 65º. - All parliamentary commissions will be able to summon the Secretary of State and their Ministers as well as to receive from these the explanations, clarifications and necessary information’s.

ARTICLE 66º. - The presidents of the parliamentary commissions will receive from the government's members its copies and the summary of the Annual Plan that they will present for their approval to Parliament in the term of one week after their making for the Executive.

ARTICLE 67º. - The commissions will prepare their questions on the base of those information’s and elements for the session in which the government will subject to Parliament for approval of his Plan of Annual Action.

ARTICLE 68º. - The Parliament will approve or it will reject this Plan.

ARTICLE 69º. - In the event of approval, the Parliament's Speaker will open the session.

ARTICLE 70º. - In that case, the parliamentary commissions will continue working in permanency regime until the closing of the period of sessions and they will maintain the necessary contacts with the Government's members, in preparation of the second period of sessions of the Parliament.

ARTICLE 71º. - In case the Parliament rejects by majority of two thirds the Plan of Action of the Government, the Speaker of the Parliament will request to the Government its revision.

ARTICLE 72º. - In the case, the ministers and the presidents of the commissions will proceed to approach their points of view on the Plan in order to reach enough convergence and harmony.

ARTICLE 73º. - The National Government will introduce to Parliament his revised Plan of National Action.

ARTICLE 74º. - In case the revised plan is rejected by majority of the Parliament's two thirds, the President of the Republic will elide between the formation of a new Government or to call for new elections.

ARTICLE 75º. - In the supposition of the call for new elections in conformity with the article 74º, the President of the Republic will summon elections in the term of one month.

ARTICLE 76º. - The National Executive will be able to, until the new Parliament's election, to appeal, in the event of necessity, to the promulgation of Ordinances Laws.

ARTICLE 77º. - In case the position of President of the Republic during the transitory stage is vacant by reason of death or by reason of serious illness that disables him/her to exercise its functions, the Parliament will provisionally assume the functions of the Presidency of the Republic.

ARTICLE 78º. - The provisional President will summon the celebration of the Baraza Kuu la Watambo wa Muungano wa Kivu in a maximum term of forty days.

ARTICLE 79º. - The Provisional President will exercise the position until the election of the new President of the Republic for the Extraordinary Assembly of the Baraza Kuu la Watambo wa Muungano wa Kivu (The Great Council of Noble Chiefs of the United Kivu).

ARTICLE 80º. - The provisional President will resume his previous functions when required by the Parliament.

ARTICLE 81º. - The elections for the constitution of Parliament will take place inside a term understood between thirty and sixty days starting from the end of the legislature defined in the article 33º.

ARTICLE 82º.- During the time that they exercise their functions, the members of Parliament enjoy parliamentary immunity and hence they cannot be stopped more than in the event of flagrant crime and they cannot be judged more than for the Supreme Tribunal of Justice, once lifted by the parliament's Speaker its parliamentary immunity.

ARTICLE 83º. - The Parliament meets in two ordinary sessions, the first from September to December; the second from February to June.

ARTICLE 84º. - The Parliament is able to celebrate extraordinary sessions by written application of two thirds of their members or by request from the President of the Republic.

ARTICLE 85º. - The vote of members parliament are individual and non delegable.

ARTICLE 86º. - The Traditional Native Authority: The Traditional Native Authority is recognized by the Constitution of the United Republic of Kivu; according to local Customs provided they do not oppose the Constitution of the Union, its Laws, the Public Order, the Human Rights charter and the Fundamental Freedoms. Any Native Traditional Chief it’s invited to participate in the good administration of the Nation and is invited to take seat in Baraza Kuu la Watambo wa Muungano wa Kivu (The Great Council of Noble Chiefs of the United Kivu).

The Baraza Kuu la Watambo wa Muungano wa Kivu is the upper house of the Parliament of the United Republic of Kivu and is also commonly referred to as "Baraza Kuu". The President of the Republic, the Baraza la Wabunge and the Baraza Kuu together comprise the Parliament of Kivu. The Seats in the Baraza kuu are one per the Traditional Native Chiefdom Chief, to which number is allocated 12 extra seats which are given to United Kivu citizens who have shown and contributed significantly to the Untied Republic of Kivu.

The Seats of the Baraza la Wabunge (Lower House) are filled by the National Citizens elected to office by direct universal democratic free elections.

The full, formal style of the Baraza Kuu is The Right Honourable the Watambo (Chief) Spiritual and Temporal of the United Republic of Kivu in Parliament assembled. The formal style of individual members of the Baraza Kuu is The Right Honourable the Watambo X of Y. Watambo who are Washauri wa Kipekee (Privy Counsellors) place "WK" after their title: all Privy Counsellors are in any case entitled to the epithet The Right Honourable.

Chapter Sixth
OF THE JUDICIAL POWER

ARTICLE 87º. - Justice in the United Republic of Kivu is independent and the Judicial Power is based on the separation of powers inside the State.

ARTICLE 88º. - Judges won't be able to be stopped, substituted or pensioned more than in the suppositions of the law.

ARTICLE 89º. - The organization and competitions of the judicial instances are established by common legal law.

ARTICLE 90º. - The Tribunals are divided in Tribunals of First Instance of Appeal (Common Tribunals) and the Supreme Tribunal.

ARTICLE 91º. - The Supreme Tribunal is the supreme organ of Justice. Its President is designated by the Head of State by proposal of the Supreme Council of the Judicial Power.

ARTICLE 92º. - The Supreme Council of the Judicial Power is composed of:

- The President of the Supreme Tribunal that presides over it.

- Other six members, from among which two are designated by the President of the Republic, two elected from the Parliament and two elected by the Supreme Tribunal.

- The duration of the command of the members of the Council is of four renewable years.

ARTICLE 93º. - The Attorney General is designated by the President from the Republic by proposal from the Supreme Council of the Judicial Power. Their mission is to promote the justice and the defence of Law.

Chapter Seventh
OF THE CONSTITUTIONAL ADVICE

ARTICLE 94º. - The Constitutional Council is the organ in charge of veiling for:

- The constitutionality of the laws before their promulgation.
- To verify the regularity of the parliamentary elections.

ARTICLE 95º.- The Constitutional Council is composed of seven members designated by a four year mandate.

- Their President chooses and elaborates its internal regulations.

ARTICLE 96º. - The Constitutional Council is composed of:

- Two members named by the President of the Republic
- Two members named by the Prime Minister
- Two members elected by the Parliament
- Two members elected by the Supreme Council of the Judicial Power
- The members of the Constitutional Council should be magistrates or men of laws of grateful competence.

ARTICLE 97º.- The members of the Constitutional Council won't be able to exercise activities or political positions, parliamentarians or union.

Chapter Eight
Parliamentary Sovereignty

ARTICLE 98º.- The Parliament of the United Republic of Kivu has the right to make or unmake any law whatever; and further, that no person or body is recognised by the law of the United Republic of Kivu as having a right to override or set aside the legislation of Parliament.

- Anyone other incompatibility will be established by the Law.

SPECIAL CLAUSES

FIRST. - The political leaders elected by Movement if Liberation of Kivu in a peoples National Congress will elaborate a project of Constitution that will be enriched by the citizenship, subjected later to the Assembly of The Great Council of Noble Chiefs of the United Kivu to be ratified by popular Referendum and adopted as definitive Constitution of the United Republic of Kivu.

SECOND.- The Constitution approved by the National Congress will constitute the fundamental source for the definitive Constitution of the United Republic of Kivu.

THIRD.- The duration in the time of the transitory phase will be fixed by The Great Council of Noble Chiefs of the United Kivu which takes place soon after independence.

FOURTH.- The General Congress will continue exercising its functions until the formation of the foreseen Parliament of the United Republic of Kivu, it stops after the total liberation of the country from foreign occupation.

FIFTH.- The Popular Commissions will continue exercising at county level and of States their normal activities, as well as the Congresses of base until the total liberation of the country.

SIXTH.- The parliamentary elections as well as the number of members of the Parliament will be determined after the total liberation of the country and of the creation of the necessary conditions for such an objective.


20th March 2005
City of Goma, United Republic of Kivu

 


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