Wednesday, September 18, 2013

The Code of Umoja / Black Constitution (RNA)

The Code of Umoja / Black Constitution

This is the Code of Umoja / Black Constitution, and includes changes and amendments made through May, 1999.
1988: THE CODE OF UMOJA (The Constitution) & THE JUDICIAL STATUTE & THE ELECTION LAW & THE DIVORCE LAW & PART ONE OF THE ADMINISTRATIVE HANDBOOK of the Provisional Government of THE REPUBLIC OF NEW AFRIKA (An Afrikan Nation in the Western Hemisphere Struggling for Complete Independence)

[Attention / Take Note! The Election Law and Divorce Law sections not included due to missing pages.)

NEW AFRIKAN CITIZENSHIP
Section 1 - Citizenship by Birth
Section 2 - Citizenship by Parentage
Section 3 - Citizenship by Naturalization
Section 4 - Pre-Ratification Citizenship Retained
Section 5 - Right to Choice of Citizenship
Section 6 - Citizenship of Other Afrikans
Section 7 - Conscious Citizenship
THE NATIONAL TERRITORY OF THE REPUBLIC OF NEW AFRIK
Section 1 - General Territorial Claim
Section 2 - New Afrika's National Territory
Section 3: Policy With Regard to New Afrikan Land Claims
SOURCE AND SUPREMACY OF NEW AFRIKAN LAW
Section 1: Source of New Afrikan Law
Section 2: Order of Precedence of New Afrikan Law
MAKING OF LAW AND POLICY
Section 1: The People's Center Council (PCC)
Section 2: Members of the People's Center Council
Section 3: Officers of the People's Center Council
Section 4: New Afrikan Population Districts
Section 5: People's Center Council Elections
Section 6: Rules of Operation and Powers of Removal
Section 2: People's District Councils
IMPLEMENTATION OF POLICY, PROGRAMS AND LAW OF THE PROVISIONAL GOVERNMENT
Section 1: The People's Revolutionary Leadership Council
Section 2: Functioning of People's Revolutionary Leadership Council Membership
Section 3: Terms of Office and Election of People's Revolutionary Leadership Council Membership
Section 4: Incapacitation of People's Revolutionary Leadership Council Members
Section 5: Line of Succession for People's Revolutionary Leadership Council Officers
BUILDING JUDICIAL POWER, RESOLUTION OF DISPUTES, PEOPLE'S COURTS AND TRIBUNALS
Section 1: New Afrikan People's Court and the People's District Court
Section 2: Terms of Justices and Judges
Section 3: Removal of Justices and Judges
Section 4: Competency and Jurisdiction of Courts
Section 5: Judicial Power of the People's Center Council
Section 6: Administrative Structure for the Courts and Rules of Procedure
Section 7: Systems of Justice
RATIFICATION AND AMENDMENTS
Section 1: Ratification
Section 2: Amendments
Section I: Structure of the Courts
Section II: The Chief Justice
Section III: Special Judicial Elections
Section IV: District Court Powers of People's Court Justices
Section V: Jurisdiction
Section VI: Access to the Courts
Section VII: Judicial Procedure
Section VIII: Conciliators
Section IX: Enforcement Powers of the Courts
Section X: Rights of the Accused
Section XI: Courts of Record
Section XII: Crimes
Section XIII: Law and Procedure
EXCERPTS FROM THE ADMINISTRATIVE HANDBOOK
THE PREAMBLE
We, as Afrikan people in North America,
Having been brought to this continent in chains and on slave ships, after being kidnapped from our Afrikan motherland by white slave traders and having survived a bloody middle passage in which millions of our people were dropped into the Atlantic Ocean, and
Having developed into a New Afrikan nation on the North American continent as our foreparents survived slavery, murder, brutality, discrimination, exploitation, cultural rape, and other forms of genecide and inhumanity at the hands of various European and American white supremacist governments, nations, organizations and individuals, and
Having been conscious of ourselves as a nation before 1750, and having, some of us, fought against European and American white supremacists for the independence of our people even before the law of the nation oppressing us had made clear, by 1660, that We would not be permitted to join their White nation being established here, and
Having, since our arrival at Jamestown in 1619 fought for and established independent communities in the woods in the Afrikan tradition of self-government and state-building followed by our people whenever, and for whatever reasons, Afrikans are separated from a parent family, and
Having from the beginning of our nation been immersed in a war against the white nations of Britain and France and Spain and Holland as their governments and people strove to enslave us and keep us enslaved in North America, and
Having again and again, in place after place in the midst of this war of defense and liberation, fought for and established the foundations of independent Black states in areas now occupied as states by the United States of America, and
Having through our Generals Gabriel Prosser, Denmark Vessey, Nat Turner and Harriet Tubman undertaken to free ourselves from slavery and to liberate from the white nation in North America the area of Richmond, the area of Charleston, and a long expansion of mountains and forests, running from Virginia south and westward into Louisiana and other areas, and
Having undertaken during and after the Civil War to establish, by armed struggle and negotiations, independent land in North America, for the New Afrikan Nation from the United States, on numerous occasions, and
Our great leader Marcus Garvey and his followers having lifted the national consciousness of the New Afrikan people in North America to fresh heights in the 1920s, and the Master Drew Ali, and the honorable Elijah Muhammad having continued this work, and
El Hajj Malik El Shabazz, Malcolm X, having brought to our people a renewed and fervent commitment to liberate the New Afrikan Nation in North America, so that We as a people and as a Nation may take our place, as a respected and contributing member of the World Family of Free Nations, and
The Provisional Government of our nation, the Republic of New Afrika, in 1968 having organized our struggle for independence and state power in accordance with the current principles of international law, and being desirous of peace but committed to war as necessary for our freedom and independence;
Do hereby affirm the role of the Provisional Government of the Republic of New Afrika in the struggle for independence and state power, and
Do hereby recognize the importance and necessity of the campaigns of all the nation's armed freedom fighting forces, fighting in accordance with international law, including the Geneva convention, and do hereby
Declare this Code of Umoja as the Constitution of the developing New Afrikan Nation State in North America, the Republic of New Afrika. [Table of Contents]

It is the purpose of this Constitution to establish and maintain the Provisional Government as a force for unity and liberation of the New Afrikan people in North America, to succeed in the struggle for independence of Afrikan people throughout the world, and to contribute to world revolution.
The Provisional Government shall promote unification of the New Afrikan liberation struggle and the consolidation of the New Afrikan independence forces in accordance with the principles of mutual respect for New Afrikan Liberation formations and in acordance with the process of collective decision making and honest exchange of ideas. Consistent with these principles the Provisional Government shall support the formation of legitimate revolutionary or progressive New Afrikan (Black) United Fronts and Coalitioins and the formation of the New Afrikan National Liberation Front.
The Government of the Independent new Afrikan State, once established, shall encourage and enhance formations of the New Afrikan people including schools, and producer and consumer cooperatives, trade, skill, professional, mutual help asociations and associations of all kinds which promote the Aims of the Revolution as set for the in the Declaration of Independence, and which promote a free and powerful nation which contributes to a World at Peace, a nation richly contributing to the intellectual, mterial, and moral helth of humanity, and to the health and well being of our own people and all the world's inhabitants.
The Provisional Government and the independent New Afrikan State, once established, shall serve the people. In such service the Provisional Government and the Government of the independent new Afrikan nation State, once established, shall not only seek to ensure health, education, food, housing, clothing and ___ for all, but shall seek to guarantee the individual full opportunity for personal dignity. The government of the independent New Afrikan State, once established, shall assure protection of the individual's person and personal possessions, freedom of conscience, thought, speech, and association, equal access to and application of all laws and regulations, and justice for the individual. There may be no invidious discrimination based upon sex, color, natural or fortuitous disability, or creed - so long as such creed, in operation, does not violate the fundamental rights of others.[Table of Contents]
The Provisional Government and the Government of the Independent new Afrikan State, once established, shall pursue without cease the Aims of the Revolution set out in the Declaration of Independence in these words:
We, the Black People in America, in consequence of arriving at a knowledge of Ourselves as a people with dignity, long deprived of that knowledge; as a consequence of revolting with every decimal of Our collective and individual beings against the oppression that for 300 years has destroyed and broken and warped the bodies and minds and spirits of Our people in America, in consequence of Our raging desire to be free of this oppression, to destroy this oppression wherever it assaults mankind in the world, and in consequence of Our indistinguishable determination to go a different way, to build a new and better world, do hereby declare Ourselves forever free and independent of the jurisdiction of the United States of America and the obligations which that country's unilateral decision to make Our ancestors and Ourselves paper-citizens placed on Us.
We claim no rights from the United States of America other than those rights belonging to human beings anywhere in the world, and these include the right to damages, reparations due Us for the grievous injuries sustained by Our ancestors and Ourselves by reason of United States lawlessness.
Ours is a revolution against - Our oppression and that of all people in the world. And it is a revolution for a better life, a better station for mankind, a surer harmony with the forces of life in the universe. We therefore, see these as the aims of Our revolution:
----To free Black People in America from oppression;
----To support and wage the world revolution until all people everywhere are so free;
----To build a new Society that is better than what we now know and as perfect as man can make it;
----To assure all people in the New Society maximum opportunity and equal access to that maximum;
----To promote industriousness, responsibility, scholarship and service;
----To create conditions in which freedom of religion abounds and man's pursuit of god and/or the destiny, place and purpose of man in the Universe will be without hindrance;
----To build a Black independent nation where no sect or religious creed subverts or impedes the building of the New Society, the New State Government, or the achievement of the Aims of the Revolution as set forth in this Declaration;
----To end exploitation of man by man or his environment;
----To assure equality of rights for the sexes;
----To end color and class discrimination, while not abolishing salubrious diversity, and to promote self-respect and mutual respect among all people in the Society;
----To protect and promote the personal dignity and integrity of the individual, and his natural rights;
----To assure justice for all;
----To place the major means of production and trade in the trust of the state to assure the benefits of this earth and man's genius and labor to society and all its members; and
----To encourage and reward the individual for hard work and initiative and insight and devotion to the Revolution.
In mutual trust and great expectation, We the undersigned, for ourselves and for those who look to us but who are unable personally to fix their signatures hereto, do join in this solemn Declaration of Independence, and to support this Declaration and to assure the success of Our Revolution, We pledge, without reservation, ourselves, our talents, and all our worldly goods. [Table of Contents]
And the Provisional Government and the Government of the Independent New Afrikan State, once established, shall work to inculcate in every citizen, to assure the success of the Revolution, the precepts of the New Afrikan Creed. The New Afrikan Creed is as follows:
1. I believe in the spirituality, humanity and genius of Black People, and in Our new pursuit of these values.
2. I believe in the family and the community, and in the community as a family, and i will work to make this concept live.
3. I believe in the community as more important than the individual.
4. I believe in constant struggle for freedom, to end oppression and build a better world. I believe in collective struggle: in fashioning victory in concert with my Brothers and Sisters.
5. I believe that the fundamental reason Our oppression continues is that We, as people, lack the power to control Our lives.
6. I believe that the fundamental way to gain that power, and end oppression, is to build a sovereign Black nation.
7. I believe that all the land in America, upon which We have lived for a long time, which We have worked and build upon, and which We have fought to stay on, is land that belongs to Us as a people.
8. I believe in the Malcolm X Doctrine: that We must organize upon this land, and hold a plebiscite, to tell the world by a vote that We are free and Our land independent, and that, after the vote, We must stand ready to defend Ourselves, establishing the nation beyond contradiction.
9. Therefore, i pledge to struggle without cease, until We have won sovereignty. I pledge to struggle without fail until We have built a better condition than man has yet known.
10. I will give my life, if that is necessary. I will give my time, my mind, my strength and my wealth because this IS necessary.
11. I will follow my chosen leaders and help them.
12. I will love my Brothers and Sisters as myself.
13. I will steal nothing from a Brother or Sister, cheat no Brother or Sister, misuse no Brother or Sister, inform on no Brother or Sister and spread no gossip.
14. I will keep myself clean in body, dress and speech, knowing that i am a light set on a hill, a true representative of what We are building.
15. I will be patient and uplifting with the deaf, dumb and blind, and i will seek by word and deed to heal the Black family, to bring into the Movement and into the Community mothers and fathers, brothers and sisters left by the wayside.
Now, freely and of my own will, i pledge this creed, for the sake of freedom for my people and a better world, on pain of disgrace and banishment if i prove false. For, i am no longer deaf, dumb or blind. I am - by grace of Malcolm - a New Afrikan. [Table of Contents]
ARTICLE 1: NEW AFRIKAN CITIZENSHIP
Section 1: CITIZENSHIP BY BIRTH
Each Afrikan person born in America is a citizen of the Republic of New Afrika.
Section 2: CITIZENSHIP BY PARENTAGE
Any child born to a citizen of the Republic of New Afrika is a citizen of the Republic of New Afrika.
Section 3: CITIZENSHIP BY NATURALIZATION
Any person not otherwise a citizen of the Republic of New Afrika may become a citizen of the Republic of New Afrika by completing the procedures for naturalization as provided by the People's Center Council.
Following paragrph was added after the third PCC reading and approved on 28 March 1997.
Any person of Afrikan descent is entitled to acquire citizenship in the Republic of new Afrika by a simple declaration of Republic of New Afrika citizenship, made before an official of the Government on a form prescribed by the President and executed, with signature, by the person declaring Republic of New Afrika citizenship.
Section 4: PRE-RATIFICATION CITIZENSHIP RETAINED
Each person who is a citizen of the Republic of New Afrika at the time of the passage of this Code of Umoja is hereafter a citizen of the Republic of New Afrika.
Section 5: RIGHT TO CHOICE OF CITIZENSHIP
Notwithstanding Sections 1, 2, 3, and 4 of Article 1, the right of any person to deny expressly or renounce his/her citizenship shall not be abridged.
Section 6: CITIZENSHIP OF OTHER AFRIKANS
Persons of Afrikan descent, wherever their original place of birth or domicile in the world, have a right to New Afrikan citizenship, as provided by the People's Center Council.
Section 7: CONSCIOUS CITIZENSHIP
All citizens of the Republic of New Afrika who are aware of their citizenship re conscious New Afrikan citizens. As a result of over 300 year-old policy of force and fraud used by the United States government and the governments of various American states against the New Afrikan nation, many citizens of the Republiv of New Afrika are not aware of their human right to New Afrikan citizenship and, indeed, are not aware of the existence of the New Afrikan nation in North America. The growth of the conscious New Afrikan citizenship is related to the success of the liberation struggle. The objective measurement of that growth shall be consideration in the development and implementation of Provisional Government policy, programs and structure as determined by the People's Center Council. [Table of Contents]
ARTICLE II
THE NATIONAL TERRITORY OF THE REPUBLIC OF NEW AFRIKA
Section 1: GENERAL TERRITORIAL CLAIM
The Republic of New Afrika claims all the land to which Afrikan people in North America are entitled, having met the international law requirements of inhabitance, development and defense.
Section 2: NEW AFRIKA'S NATIONAL TERRITORY
In accordance with the rights of our people under international law, including our right to a contiguous and fruitful land mass as a part of the reparations due us from the United States, and in view of the United States' failure and refusal in years since the U.S. Civil War to reach a land and reparations with any of the legitimate representatives of the New Afrikan nation, in 1968 the Provisional Government of the Republic of New Afrika, acting for our people as a ntion, PROCLAIMED the territory in North America, now known as Louisiana, Mississippi, Alabama, Georgia and South Carolina as the core of the National Territory of the Black Nation in North America, the Republic of New Afrika. It is the primary task of the Provisional Government to organize the people of the nation for success in their struggle for independence and sovereignty over the land mass.
Section 3: POLICY WITH REGARD TO NEW AFRIKAN LAND CLAIMS
It shall be the policy of the Provisional Government to recognize the just califs of the American Indian nations and other oppressed nations for land in North America. It shall be the policy of the Provisional Government to negotiate with the American Indian Nations the claims which conflict with the claims of the New African nation and to resolve these claims in the spirit of justice, brotherhood, and mutual revolutionary commitment to the human and natural rights of all oppressed nations in North America. [Table of Contents]
ARTICLE III
SOURCE AND SUPREMACY OF NEW AFRIKAN LAW
Section 1: SOURCE OF NEW AFRIKAN LAW
The first, foremost, and final source of all New Afrikan law and power is the New Afrikan people.
Section 2: ORDER OF PRECEDENCE OF NEW AFRIKAN LAW
1. The Code of Umoja shall be the supreme law of the Republic of New Afrika.
a. The District Courts shall have jurisdiction over cases and controversies arising under the laws of the Nation, the Code of Umoja, and the New Afrikan Creed.
b. The People's Court and its Justices may exercise original jurisdiction in such matters, and the People's Court may exercise appellate jurisdiction.
c. The People's Court exercises a superintending control over the District Courts and all other courts of the Republic of New Afrika, except as the People's Center Council exempts any special courts it may create from aspects of that control.
2. Legislation of the People's Center Council shall have precedence over the legislaation, acts, directives, resolutions, and orders of all officers and Governmental bodies of the Republic of New Afrika.
3. Other legislation, orders, directives, resolutions, and acts of Governmental bodies and officers of the Republic of New Afrika shall have precedence in the following order:
a. Directives and orders of the People's Revolutionary Leadership Council.
b. Directives and orders issued by the President.
c. Directives and orders issued by the Vice Presidents or National Ministers.
d. Legislation, directives, resolutions, and acts of the National Teritorial Council and any other Regional Council which may be established.
e. Legislation, directives, resolutions, and acts of any District Councils or any People's Local Councils which may be created pursuant to law. [Table of Contents]
ARTICLE IV
MAKING OF LAW AND POLICY
Section 1: THE PEOPLE'S CENTER COUNCIL (PCC)
1. The People's Center Council shall have power to make law and policy for the developing New Afrikan Nation-State. All officials, workers, defense forces and Judges of the Republic of New Afrika, whether elected or appointed, and whether serving locally, regionally, or nationally, shall be bound by such law and policy.
2. The People's Center Council must be in session in order to legislate, except that the People's Center Council Chairperson in consultation with the President may determine to conduct a vote by means other than an in-session vote when there is an emergency. All such votes must be confirmed in writing to People's Center Council Chairperson within fourteen (14) days. The People's Center Council Chairperson shall promptly communicate the results of the emergency votes to each People's Center Council member.
3. All members of the People's Center Council shall receive due notice of the time and place of every session of the People's Center Council.
4. A quorum for doing business shall consist of 1/3 of the certified voting representatives of the People's Center Council.
5. The regular sessions of the People's Center Council shall occur twice a year, in July and November, unless the People's Center Council chooses other months and except as provided in paragraph sic below. the People's Center Council or the Chairperson of the People's Center Council or 1/4 of the People's Center Council membership may call special sessions of the People's Center Council, with due notice, ordinarily two weeks notice, after consultation with members of the People's Center Council or with citizen groups.
6. However, the People's Center Council, in the year of each regular election for People's Center Council representatives, shall meet during the week of Kwanza December 26 - Jaunary 1, or in November, to swear-in members, elect the Chairperson and Vice Chairpersons, and otherwise organize itself.
Section 2: MEMBERS OF THE PEOPLE'S CENTER COUNCIL
1. The People's Center Council shall be composed of representatives who are duly elected in certified new Afrikan population Districts, and the President, Vice Presidents, National Ministers, and any other officers the People's Center Council shall deem it necessary to elect or appoint.
2. All representatives of the People's Center Council shall be citizens of the Republic of New Afrika, shall sign of the oath of allegiance to the Republic of New Afrika, state it at a People's Center Council session and shall take the oath of office in a People's Center Council meeting.
3. Each representative who fulfills these requirements shall be a certified representative to the People's Center Council.
4. Any certified representative who is absent from three (3) consecutive People's Center Council sessions without being excused by the People's Center Council or who has failed to perform his or her duties as determined by the People's Center Council may lose his or her certification, as determined by the People's Center Council. Any representative desiring to be recertified shall petition the People's Center Council.
5. The President, Vice Presidetns, Ministers and other officers shall have no vote unless they are also elected Representatives. Each certified Representative shall have one vote.
Section 3: OFFICERS OF THE PEOPLE'S CENTER COUNCIL
1. The People's Center Council shall elect a chairperson, such vice chairpersons, not to exceed three, as the People's Center Council shall decide, and a secretary. The chairperson and vice chairperson of the People's Center Council shall be voting representatives to the People's Center Council. Each of these officers shall serve for a term of three (3) years.
2. The Chairperson of the People's Center Council shall have the following duties:
a. To preside at People's Center Council sessions.
b. To manage the affairs of the People's Center Council between the People's Center Council sessions.
c. To ensure that all People's Center Council records are properly maintained, that People's Center Council correspondence is properly conducted, and that People's Center Council decisions are properly communicated to the officers and citizens of the nation.
d. To maintain a current list, of certified representatives and of certified New Afrikan population districts.
e. To maintain constant communications with the People's Revolutionary Leadership Council in order to facilitate the efficacious operation of the Provisional Government.
3. The duties of the Vice Chairperson(s) shall be to assist the chairperson in carrying out the duties of the chair and to assume any other responsibilities assigned to the Vice Chairperson by the Chairperson of the People's Center Council.
4. People's Center Council shall assign the Vice chairpersons to a line of succession to the Chairperson, and the highest available Vice Chairperson shall assume the Chairperson's duties in the Chairperson's absence. [Table of Contents]
Section 4: NEW AFRIKAN POPULATION DISTRICTS
1. Each area where New Afrikans reside in significant numbers in North America shall be called a New Afrikan Population District.
2. Each New Afrikan population district certified by the People's Center Council shall be entitled to representation in the People's Center Council. The People's Center Council shall determine the boundaries of each population district it certifies, and shall determine how many representatives each certified population district is entitled to elect.
3. The People's Center Council may certify New Afrikan population districts, may alter boundaries of certified New Afrikan population districts, or may decertify New Afrikan Population Districts presently certified. The People's Center Council shall consider the folowing in determining whether or not a New Afrikan population district shall be certified, altered, or decertified:
1. The number of New Afrikans in the district.
2. The number of New Afrikans in the district desiring to participate in Provisional Government elections and processes.
3. The number of New Afrikan conscious citizens in the district.
4. The probability that certification will contribute to the consciousness of New Afrikan citizenship.
5. The probability that Provisional Government elcetions will be exposed to sabotage in the district.
6. The ability of the Provisional Government to provide sufficient work force to enable Provisional Government elections in the area to be succesful.
7. Any other factor the People's Center Council deems important.
The following paragraph, adding a new Paragraph 4, to Article IV, Section 5, was approved as part of the Code of Umoja after the third PCC reading and approved on 15 May 1999.
4. In like manner the People's Center Council may authorize special elections to fill positions for Representatives and District Judges in Population Districts where no Representative or District Judge has been elected, provided that half or more of the respective terms remain to be served. [Table of Contents]
Section 5: PEOPLE'S CENTER COUNCIL ELECTIONS
1. Representatives of the People's Center Council shall be elected in regular elections by New Afrikan voters from certified New Afrikan population districts in October or November of 1984 and every three years thereafter in October or November.
2. The People's Center Council shall provide for the exact time, date, method of election, voter and candidate eligibility requirements for regular People's Center Council elections for representatives.
3. When a People's Center Council representative resigns or dies or is removed from office the District Council shall appoint another person from the District to serve the remainder of the term. But, if more than half of the expired term remains to be served, the People's Center Council shall authorize, conduct, supervise or review in accordance with law passed by the People's Center Council, if such there be, a special election to fill the vacancy. The District Council or the People's Center Council chairperson, if no district Council exists, may make an interim appointment. [Table of Contents]
Section 6: RULES OF OPERATION AND POWERS OF REMOVAL
1. The People's Center Council shall enact rules for its operation.
2. a. By two-thirds majority vote of its voting membership in session the People's Center Council may remove or request the resignation of any People's Revolutionary Leaership council member, or any other National Officer of the Provisional Government. Likewise, by two-thirds majority vote of its voting membership in sessions the People's Center Council may remove any of its members or any New Afrikan judge or Justice. However, any voting representative removed from office may be duly re-elected by New Afrikan citizens. Written notice of any proposed removal to be considered by the People's Center Council must be sent to certified People's Center Council representatives at least two (2) weeks prior to such removal.
b. No person may chair a session at which his or her removal is being considered.
3. The People's Center Council may call special elections or provide for other special procedures to fill vacant offices of elected National Officers.
4. Citizens of the Republic of New Afrika have the right to recall any District Judge or representative in their respective district. The People's Center Council shall provide the procedures for the recall of elected officials, and for the removal of National Officers and New Afrikan District Court judges by New Afrikan citizens.
5. The People's Center Council may provide for committees and offices, in addition to those listed in this Code, as shall be appropriate for the efficient functioning of the People's Center Council.
Section 7: PEOPLE'S DISTRICT COUNCILS
The representatives and conscious citizens of each certified New Afrikan population district shall constitute a People's District Council. The rules of operation of the District Councils shall be designed by the Council, provided that each District Council shall comply with all provisions of the People's Center Council and the People's Revolutionary Leadership Council. [Table of Contents]
ARTICLE 5
IMPLEMENTATION OF POLICY, PROGRAMS AND LAW OF THE PROVISIONAL GOVERNMENT
Section 1: THE PEOPLE'S REVOLUTIONARY LEADERSHIP COUNCIL
1. A People's Revolutionary Leadership Council is hereby created, which shall have power to interpret and execute the law, implement the policy and enforce the decisions of the People's Center Council when the People's Center Council is not in sessions and doing so. Its decisions are binding upon all citizens the same way as if they were decisions of the People's Center Council, until the People's Center Council alters or abolishes such decisions.
2. The People's Revolutionary Leadership Council shall be composed of the Chairperson of the People's Center Council, the President, the Vice Presidents and every National Minister of the Provisional Government. The Vice Presidents shall be Vice Chairpersons of the People's Revolutionary Leadership Council.
3. The President shall be the Chairperson of the People's Revolutionary Leadership Council, but the President may permit other officers to preside at given meetings.
4. Every member of the People's Revolutionary Leadership Council shall have one vote.
5. The People's Revolutionary Leadership Council may meet as frequently as it chooses, but must meet at least twice a year. All meetings shall follow due notice to all members. A quorum for doing business shall be fifty percent (50%) of its active members. any member who is absent from three consecutive People's Revolutionary Leadership Council sessions shall be considered inactive for purposes of determining a quorum.
6. Meetings shall be set in advance by the People's Revolutionary Leadership Council, or shall be called by the People's Revolutionary Leadership Council, or by one third of the People's Revolutionary Leadership Council membership if the President is not available or refuses to call a meeting.
7. The People's Revolutionary Leadership Council may exercise its power by polling as long as all vote by poll are confirmed in writing and signed by the voters within two weeks of the poll.
8. The People's Revolutionary Leadership Council shall operate upon the principle of collective leadership. The President and all officers and workers shall be bound by its decisions. Neither the President, nor any other member of the People's Revolutionary Leadership Council may exercise the People's Revolutionary Leadership Council powers without the authorization of the People's Revolutionary Leadership Council.
Section 2: FUNCTIONING OF PEOPLE REVOLUTIONARY LEADERSHIP COUNCIL
1. The President shall ensure that all People's Revolutionary Leadership Council communications are properly conducted and maintained. The president shall also ensure that all People's Center Council and People's Revolutionary Leadership Council decisions are communicated to, followed by and implemented by all National Officers. The President shall coordinate and facilitate communications between National Officers of the Provisional Government. The National Officers shall follow the direction given by the President in this regard unless and until such directions are overruled by the People's Center Council or People's Revolutionary Leadership Council. The President shall have the ultimate responsibility to coordinate all Ministries when the People's Revolutionary Leadership Council and the People's Center Council are not in session. The President shall maintain communications with the Chairperson of the People's Center Council and shall keep the People's Center Council informed as to the decisions and work of the People's Revolutionary Leadership Council. The president shall perform all other administrative tasks assigned to him or her by the People's Revolutionary Leadership Council.
2. The Vice Presidents shall assist the president in the implementation of his/her responsibilities.
3. The Ministers shall fulfill those responsibilities outlined for each of them by the People's Center Council and/or the People's Revolutionary Leadership Council.
4. The People's Center Council may set guidelines of the organization of the People's Revolutionary Leadership Council consistent with those provisions already set for the People's Revolutionary Leadership Council in this Code of Umoja.
Section 3: TERM OF OFFICE AND ELECTION OF PEOPLE'S REVOLUTIONARY LEADERSHIP COUNCIL MEMBERSHIP
1. The President and Vice Presidents shall be elected in regular elections by New Afrikan voters from certified New Afrikan Population Districts in October or November and every three years thereafter in October or November. Three Vice Presidents shall be elected. The three persons receiving the highest number of votes shall be the Vice Presidents. If no more than three persons run for Vice President, those who run shall be Vice Presidents.
2. In the event of a tie vote between the nominees receiving the highest number of votes for President, the People's Center Council shall elect the President from the persons receiving the highest votes.
Section 4: INCAPACITATION OF PEOPLE'S REVOLUTIONARY LEADERSHIP COUNCIL MEMBERS
1. Any member of the People's Revolutionary Leadership Council who shall become incapacitated during his or her People's Revolutionary Leadership Council membership shall vacate his or her office during the period of incapacitation. For the purposes of this Article of the Code of Umoja, death, hospitalization or imprisonment for over 14 days shall be considered incapacitation. The People's Revolutionary Leadership Council may determine if any of its members are otherwise incapacitated, but the People's Center Council may overrule a determination as to incapacitation by the People's Revolutionary Leadership Council.
Section 5: LINE OF SUCCESSION FOR PEOPLE'S REVOLUTIONARY LEADERSHIP COUNCIL
1. After the election of the President and the Vice Presidents, the People's Center Council shall place the Vice Presidents in line of succession to the President. If the President should resign, be removed from office or become incapacitated, he or she will be succeeded in the remainder of his or her unfinished term by the highest available Vice President in line of succession, except that the People's Center Council may hold a special election, and the person elected thereby shall become the President after his or her election and for the remainder of the President's unfinished term. If no Vice President is available when the President resigns, is removed from office or becomes incapacitated, the President's successor for the unfinished term shall be elected by the People's Center Council in a special election. Whenever the President shall be temporarily incapacitated, the highest available Vice President in the line of succession shall assume the duties and powers and the office of President during the period of such incapacitation. If no Vice President is available the President's duties shall be assumed as provided by the People's Center Council.
2. If any Vice president should resign, be removed from office or become incapacitated, the vice president's successor will be elected by the People's Center Council. any vice President who assumes office under the authority of this paragraph shall be placed last in line of succession to the President. [Table of Contents]
ARTICLE VI
BUILDING JUDICIAL POWER, RESOLUTION OF DISPUTES, PEOPLE'S COURTS AND TRIBUNALS
Section 1: NEW AFRIKAN PEOPLE'S COURT AND THE PEOPLE'S DISTRICT COURTS
1. The Provisional Government of the Republic of New Afrika shall be committed to the development of judicial power in the New Afrikan people and to the struggle for independence, which is the only means by which such power may ultimately be universally recognized and respected. Toward this end there shall be a New Afrikan People's Court and there may be in the districts, a District Court for every New Afrikan population district, and any other court the People's Center Council shall create. Furhermore, the People's Center Council shall be the highest judicial power of the Provisional Government of the Republic of New Afrika. The People's Center Council shall establish a Justice Ministry or justice Committee which shall assist the New Afrikan People's Court and District Court.
2. The New Afrikan People's court shall have a maximum of eleven (11) Associate Justices and one (1) Chief Justice. The district courts shall also have a maximum of two (2) Associare Judges and (1) Chief Judge. The judges of the District Courts shall be elected by New Afrikan voters at the same time as the election for representatives to the People's Center Council. Justices for the New Afrikan People's Court shall be elected in the People's Center Council at the first session after the regular elections for People's Center Council Representatives and every six years thereafter. The voting representatives to the People's Center Council and the elected district judges shall be eligible to vote in the election for New Afrikan People's Court Justices.
Section 2: TERMS OF JUDGES AND JUSTICES
1. All New Afrikan People's Court Justices shall be elected for a term of six (6) years. Each Judge of the District Court shall be elected for a term of three (3) years.
2. In any election for a New Afrikan People's Court Justice in which a deadlock occurs due to a tie vote, the People's Revolutionary Leadership Council shall determine from among the candidates receiving the highest votes which one of these candidates shall serve in the position affected by the tie. In any election for a District Court Judge in which a deadlock occurs due to a tie amongst the candidates receiving the highest number of votes the People's District council shall determine which one of these candidates shall serve in the position afected by the tie. The People's Center Council shall make this determination if no District Council exists in that District.
3. If any New Afrikan People's Court Judge shall be removed from office, or shall resign, or shall otherwise vacate his or her office, the People's Center Council shall elect another person to fill the resulting vacancy for the remainder of the unexpired term. If any District Court judgeship shall become vacant the People's Center Council shall select a Judge to fill the vacancy.
4. Within sixty (60) days after the first Judicial elections, under this Code of Umoja, the first Justices elected to the New Afrikan People's Court shall elect from their membership a Chief Justice who shall serve as Chief Justice for three (3) years. The New Afrikan People's Court shall also elect a Chief Justice every three years after the first election, or whenever the position of Chief Justice is vacant. [Table of Contents]
Section 3: REMOVAL OF JUDGES
Judges of the New Afrikan People's Court and District Judges may be removed by a two thirds vote of the People's Center Council or may be recalled by New Afrikan citizens as provided by the People's Center Council.
Section 4: COMPETENCY AND JURISDICTION COURTS
1. The New Afrikan People's Court and district court shall be competent to determine whether any act, directive or decision of any Provisional Government body, officer, citizen or other person conforms with the Code of Umoja, the aims of the revolution as set forth in the Declaration of Independence or the New Afrikan Creed. Each court shall also be competent to interpret all other laws of the nation. The New Afrikan People's Court shall be the final forum of the Provisional Government for the interpretation of the Code of Umoja, the Declaration of Independence, the New Afrikan Creed and all other New Afrikan law except as provided in Section 5 of thie Article. The New Afrikan People's Court and the People's District Courts shall be competent to issue binding orders to enforce their decisions upon the workers, officials and decision making bodies of the Provisional government, except the People's Center Council. New Afrikan People's Court and the People's District Courts, moreover, shall be made available to all New Afrikan People and shall exercise all judicial power tht the New Afrikan People vest within it.
2. Each District Court shall have original jurisdiction over all cases and controversies which arise in that district and which concern the Republic of New Afrika. Each District court shall also have appelate jurisdiction with respect to cases in local courts within that district and there shall be a right to appeal to the district Court from decisions of local courts. The New AfriKan People's court shall have appellate jurisdiction over all cases and controversies appealed from the District Court. However, appeals to the Court and the New Afrikan People's court may exercise original jurisdiction at its discretion.
Section 5: JUDICIAL POWER OF THE PEOPLE'S CENTER COUNCIL
At its discretion, the People's Center Council may hear and decide the appeal of any case from the New Afrikan People's Court if it deems that case to be of National Importance.
Section 6: ADMINISTRATIVE STRUCTURE FOR THE COURTS AND RULES OF PROCEDURE
1. The People's Center Council shall provide by law for the financing of New Afrikan People's Court and the District Courts and shall also authorize an administrative structure for the Courts and shall make possible the efficient dispensing of justice.
2. Each Court shall submit to the People's Center Council proposed rules of procedure which will be effective when approved by the People's Center Council.
Section 7: SYSTEMS OF JUSTICE
The People's Center Council shall provide for systems for criminal and civil justice which shall be in conformance with the Declaration of Independence, with the New Afrikan Creed and with the Code of Umoja, and which shall totally protect the rights of the people. [Table of Contents]
ARTICLE VII
RATIFICATION AND AMENDMENTS
Section 1: RATIFICATION
1. This Code of Umoja shall become law when approved by a majority of New Afrikans voting in direct elections in conventions in June 1984 as provided by the Code Commission appointed by the People's Center Council prior to the ratification of the Code of Umoja.
2. Upon ratification of this code of Umoja, all previous constitutions of the RNA are repealed.
Section 2: AMENDMENTS
Amendments or changes to this Code of Umoja may be proposed by New Afrikan citizens in People's conventions, or by a majority vote of the People's Center Council voting membership present in a People's Center Council session. An amendment or change shall become part of the Code of Umoja by a two-thirds vote of the entire certified voting membership of the People's Center Council. Three (3) months notice in writing to each certified voting People's Center Council member is necessary before an amendment is ratified. The People's Center Council shall convene a People's convention for the consideration of an amendment or changes to the Code of Umoja whenever a majority of its voting members present shall vote for the convening of such a convention. [Table of Contents]
JUDICIAL STATUTE
Section 1: STRUCTURE OF THE COURTS
1. The structure of the courts is that set forth by the fundamental law of the Nation.
2. A Judicial Conference is hereby created, composed of all the duly elected and/or appointed judges of this Nation.
3. The Conference shall be presided over by a Justice of the People's Court elected by the Judges for a term of three years. The other duly elected Justices of the People's Court shall be Vice Chairpersons, and the Conference shall determine their order of succession. The Chief Justice of the People's Court may be elected as Conference Chairperson.
4. The Conference has the power to organize itself further and shall promptly report such organization in writing to the People's Center Council (PCC), by the PCC Chairperson. The Conference Chairperson shall have the power and duty to call the annual meeting, and the Conference may provide for other meetings. The chairperson of the Conference may create necessary committees, name their chairpersons, state their charge, dissolve said committees, all with the advice and consent of a majority of the Conference in session, and shall have power to require committee reports. He or she shall be an ex officio member of every committee.
5. The Conference shall have the power to recommend to the Conference Chairperson and to the Chief Justice of the People's Court, rules for the operation of all courts. Such rules must be consistent with the Code of Umoja and this Judicial Statute, the new Afrikan Creed and the RNA Declaration of Independence. The Conference may also recommend to said Chairperson and Chief Justice measures for the effective administration of the courts and the system of justice and family healing, and may make proposals to the People's Center Council by the PCC Chairperson.
6. The Conference Chairperson, after consultation with the Chief Justice and upon a consensus or majority vote of the Conference in session, may issue rules for the operation of the Courts. Such rules must receive the approval of the People's Center Council before they become official; however, until the PCC acts, such rules shall serve as interim rules.
7. A quorum of the Conference, for doing business, shall be composed of half of the duly sworn judges of the Republic.
Section 2: THE CHIEF JUSTICE
1. The Chief Justice shall be the presiding officer and chief administrator of the People's Court.
2. The Chief Justice shall be elected by the People's Court for a term of three years, within 60 days after each triennial election. The People's Court may elect an interim Chief Justice should that position become vacant before the regular election. [Table of Contents]
Section 3: SPECIAL JUDICIAL ELECTION
1. During periods between regular triennial elections, District Judges may be chosen to fill vacancies or to fill District Judgeships, created or authorized by the PCC, by special election open to all eligible New Afrikan voters in the affected district on a basis of adequate notice, adequate opportunity for nomination, and adequate access to the voting process. But where less than one-half of a term remains for a District Judgeship, or Judgeships, the People's Revolutionary Leadership Council (PRLC) or the on a basis of adequate notice, adequate opportunity for nomination, and adequate access to the voting process. may appoint any such District Judges.
2. The Chairperson of the PCC may create panel(s) or commission(s) to judge the adequacy of any such special elections, or may request the Chief Justice to establish a panel of judges for this purpose, or may employ any other appropriate measure.
Section 4: DISTRICT COURT POWERS OF PEOPLE'S COURT JUSTICES
The People's Court, by consensus or by majority vote or be action of the Chief Justice, may designate Justices or Judges to sit on cases where no district judge is available. A People's Court Justice may sua sponte assume District Court jurisdiction and function where necessity requires and no District Judge has been elected or appointed, or where a Judge of the District is not available.
Section 5: JURISDICTION
1. The jurisdiction of the People's Court shall be deemed to be an appellate and supervisory jurisdiction, except that the People's Court may at its discretion exercise original jurisdiction on the basis of compelling necessity.
2. Original jurisdiction for all cases and controversies shall be in the District Courts of the District in which the case or controversy arose, or where one of the major parties resides or does substantial business, or where the records and witnesses are most accessible, except that the people's Court may exercise original jurisdiction, at its discretion, where issue is raised regarding violations of the Declaration of Independence and as set forth in Paragraph One, above. Each District Court is authorized to transfer actions, initiated before it, to the appropriate District Court.
3. Justices and Judges of the New Afrikan Court system are competent to authorize and perform marriages and grant divorces, and to authorize and issue birth and name and death certificates, all concurrent with the powers of he Executive Branch of the Government, to be more fully provided by law or regulation. Marriages shall not be lawful between two men and two women.
Section 6: ACCESS TO THE COURTS
1. All persons residing in areas claimed by the Republic of New Afrika or where the Republic of New Afrika exercises jurisdiction or where any New Afrikan citizen resides shall be deemed competent, by himself or by a parent or guardian or other appropriate representative, to initiate an action in District Court or to request that the people's Court assume jurisdiction in a given manner.
2. A person initiating an action in a District Court must file with the Clerk of the Court or with the Judge or, in the case of a request for criminal prosecution, with a duly appointed Conciliator of the Ministry of Justice, a Request for Judicial Service or a Request for Criminal Prosecution on forms provided or mandated by the Court. Such form must be supported by oath or affirmation.
3. A suit for damages or injunction or to require an official to perform a duty owed to the litigant, or a suit for other equitable relief, including paternity suits, may be commenced by filing with the Clerk of the Court or the Judge a Complaint, setting forth:
(a) The name of the Court wherein the action is brought;
(b) The name or names of the parties suing and the name of names of the parties being sued, designated plaintiff(s) and defendant(s), respectively;
(c) The title of the case, specifying the type of action;
(d) A brief statement of the jurisdiction upon which the plaintiff relies;
(e) A summary statement of the relief sought;
(f) A clear statement of the facts and the dates giving rise to the suit and providing the basis for relief, set out by simple numbered paragraphs;
(g) A statement or listing specifying the relief sought and setting out, for each item of relief, the grounds for that relief and the citation of law supporting it;
(h) A prayer for relief, and
(i) An affirmation that the facts contained therein are true and correct to the best of the plaintiff's knowledge and belief, subject to penalty for perjury and that suit is not brought for purpose of harassment or abuse of the processes of the court.
4. A complaint may be accompanied by a memorandum of law. A plaintiff may prepare for the signature of the Judge any orders requested. The original and one copy of all papers shall be filed with the court.
5. A Certificate of Service shall accompany the filing with the Court, indicating that a copy of the complaint and all related papers has been served, by mail or by personal service, upon each defendant or his/her authorized representative. [Table of Contents]
Section 7: JUDICIAL PROCEDURE
1. A defendant in a non-criminal action shall have 30 days to answer a complaint, either in substance, responding affirmatively or negatively or declining to respond because of lack of knowledge, to each allegation of the complaint which purports to provide a basis for relief, or by filing a motion to dismiss, setting out with specificity the grounds for said motion. The plaintiff shall have 30 days to respond to the motion to dismiss or to reply to the defendant's answer.
2. For purposes of this statute every 30-day period shall include Saturdays and Sundays and holidays, but should the thirtieth day fall on a Saturday or a Sunday or a holiday which interferes with mail or closes the courts, the thirtieth day shall be deemed to be the next day which is not a Saturday, Sunday or holiday.
3. For good cause the Court by timely order may extend the said 30-day periods upon motion by either side. The Judge, at his or her discretion shall provide opportunity for opposition to a motion for extension of time, as fairness requires.
4. After the filing of complaint, answer and reply, the Judge shall conduct a hearing on the facts and the law. Should the complaint survive motions to dismiss at this point, the Judge shall proceed to make a finding of fact and further proceed to decide the case and issue a final order.
5. Either side in such litigation may request in writing a jury trial at the time of filing and service of the complaint and at any time until the commencement of the hearing. Juries to hear such matters may be composed of seven persons, and a decision by such a jury may be reached by the agreeing votes of five members. The judge shall issue a final order confirming the jury verdict. In the case of a jury trial the findings of fact shall be made by the jury.
6. A judge may issue a final order, dismissing a complaint on his own motion at any time prior to hearing. Such an order shall contain a Statement of Findings, supporting his dismissal.
7. A final order must be appealed, by filing within ten days a Notice of Appeal simultaneously with the People's Court and with the District Court whose order is being appealed, and by following said Notice with an appeal brief, within 60 days, served upon opposing parties and with a copy to the People's Court and an original and four copies to the District Court. The opposing side shall have 60 days to answer, and the appellant shall have 30 days to reply. Copies of all pleadings shall be served promptly upon the opposing side, and the original field with the Court shall contain a Certificate of Service.
8. Such an appeal will be considered by three District Court Judges, or a combination of District Court and People's Court Judges, appointed by the Chief Justice of the People's Court or in accordance with procedures set by the Judicial Conference or the Chief Justice. A final order of the appelate tribumal may be appealed to the People's Court.
9. Every Court shall datae and seal every paper filed, upon receipt, and shall similarly date and seal any true copy for the plaintiff and defendant upon payment of a small fee. The Minister of Justice shall assist the Courts in establishing an efficient permanent record system.
10. By the tenth day of every month each Judge of the Republic shall file with the Minister of Justice a register of the proceedings before the Court during the previous month. The Minister of Justice shall provide a copy of this register promptly to the Chairperson of the People's Center Council and to the President.
11. A People's Court Justice may permit a complaint to be filed with him/her, but ordinarily such Justice will transfer the complaint to the appropriate District Judge. [Table of Contents]
Section 8: CONCILIATORS
1. Upon nomination of the Minister of Justice, the president shall appoint a Conciliator for each District Court district, with the consent of a majority of the People's Center Council. Conciliators appointed between sessions of the PCC may serve until the next session; and Conciliators not confirmed or rejected by the next PCC shall be considered confirmed.
2. The Conciliator is an official of the Ministry of Justice, subject to the direction of the Justice Minister, and serves for a term of four years. She or he may be reappointed. She or he may be removed by the Justice Minister, or by the President, for misfeasance or malfeasance.
3. It shall be the duty of the Conciliator to receive all complaints of disputes concerning which a formal complaint has not been filed, and all criminal complaints in the District and to investigate them, usig the Conciliator's own resources or relying on the resources of the new Afrikan Security Force. It shall be the duty of the Conciliator to resolve all disputes quickly and productively and to bring before the District Judge any criminal complaint which presents an unreconciled violation of the law, or, in a non-criminal matter, to advise the parties in an unresolved dispute to file a formal complaint.
4. The objective of the Conciliator and the Court shall be to ascertain the truth to the fullest extent possible and to achieve justice and healing of the New Afrikan family.
5. The Conciliator shall weekly provide the Judge of the District Court with an accounting of all disputes and criminal matters which have come before the Conciliator or which are pending before the Conciliator. The Judges of the District Court shall assure a speedy trial and/or disposition of all such matters which are ripe for trial or disposition. The Conciliator and the Minister of Justice shall cooperate fully with the Court in achieving this objective.
Section 9: ENFORCEMENT POWERS OF THE COURT
1. In criminal and civil proceedings the Judges of the District and People's Courts shall have power to compel the appearance of witnesses and the disclosure of information. This power shall be supported by the power to punish for contempt through the imposition of fines and imprisonment, through provisional stripping of names, through orders of exclusion, through property confiscations, and through publication.
2. The powers of Courts and their juries shall not extend to imposition of the death penalty.
3. Penalties imposed for wrong-doing shall seek the healing of the New Afrikan family and the restoration of the victims.
Section 10: RIGHTS OF THE ACCUSED
1. No criminal proceeding may be brought before a Conciliator for formal action except by affirmed, written statement of an interested party or victim. Nevertheless disputes may be brought to the attention of the Conciliator or a Judge by expeditious and appropriate means.
2. No person shall be charged with crime except by action of a Council of Judicial Elders of the larger neighborhood, composed of wise men and women, nine in number, who at the invitation of the Conciliator shall review the charges and the Conciliator's efforts and determine whether a crime may have been committed and what parties may have violated the law and who may be the victims. If a simple majority of Elders in session agree that a crime may have been committed, the Council shall formalize the charge in the name of the People and notice the matter to the District Court for hearing. A quorum of the Council for determination of a criminal charge shall be seven members.
3. The Conciliator shall assist the Council of Judicial Elders. The Conciliator shall assist the District Judge in formulating a fair system for selecting the Council of Judicial Elders. Each Council shall have a term of one year.
4. The Conciliator shall represent the people in matters before the Court.
5. The Minister of Justice shall carefully monitor the work of the Conciliators as well as the non-criminal activities of our system of Justice and Community Healing. Said Minister, in consultation with the President, shall take appropriate action to facilitate the basic purposes of this system.
6. In all matters before the Court the plaintiffs, defendants and accused shall have the right to jury trials. In criminal trials verdicts must be unanimous, and juries shall have seven members.
7. In criminal trials the accused shall have the right not to testify or bear witness against himself/herself. The accused shall enjoy the right to process to compel witnesses on his or her behalf and shall enjoy the protections set forth in the covenant on Civil and Political Rights (United Nations). [Table of Contents]
Section 11: COURTS OF RECORD
The District Courts and the People's Court shall be courts of record, and records may be kept by electronic means. In general the cost of reproducing records shall be borne by the litigants.
Section 12: CRIMES
1. The folowing shall be crimes subject to the jurisdiction of the New Afrikan courts:
Murder
Physical Assault
Rape
Incest
Terroristic Abuse
Sale, manufacture & Transportation of heroin or cocaine
Selling of intoxicants to children
Burglary
Theft
Fraud
Abduction
Arcon
Spying for or engaging in espionage for a foreign power
Espionage
Conspiracy to commit any of the Paragraph One crimes
Attempt to commit any of the Paragraph One crimes
Child Abuse, Child Neglect
Wife Abuse, Husband Abuse
Family Neglect
2. The Courts of the Republic of New Afrika shall have jurisdiction over all of the enumerated crimes, and that jurisdiction shall extend to the imposition of corrective measures, penalties, punishments, and supervision. The jurisdiction shall extend also to violations of the New Afrikan Creed.
3. The Section Nine Powers of Enforcement with respect to contempt are applicable to judgements in criminal matters. Courts may also impose work assignments. [Table of Contents]
Section 13: LAW AND PROCEDURE
The Courts shall rely upon the RNA Declaration of Independence and the New Afrikan Creed as the repositories of the basic principles which undergird and shape the life and System of Justice and Healing which We are attempting to build. The Courts may adapt to our uses such procedures and precedents from other legal systems and the international law as serve the ends of healing and justice and are not inconsistent with the Declaration of Independence.
APPROVED BY THE PCC ON JULY 1983, ATLANTA, GA., RNA NATIONAL TERRITORY
AMENDED BY THE PCC ON NOVEMBER 30, 1985, CHICAGO, IL
PART ONE OF THE ADMINISTRATIVE HANDBOOK
I. INTRODUCTION
1. The Provisional Government is a force for the unity and liberation of the new Afrikan people in North America. It pursues without cease the Aims of the Revolution set out in the 1968 Declaration of Independence.
2. Foremost among these Aims are these
to free Black people in America from oppression;
to support and wage the world revolution until all people everywhere are so free, and
to build a Black independent nation...
3. The full Declaration of Independence is found in the Code of Umoja
4. The Provisional Government, further, works to inculcate in every citizen, for the purpose of assuring the success of the Revolution, the precepts of the New Afrikan Creed. Foremost among these precepts, for the purposes of this Administrative handbook, are these:
[[9]]. Therefore, I pledge to struggle without cease, until We have won sovereignty. I pledge to struggle without fail until We have built a better condition than the world has yet known.
[[10]]. I will give my life, if that is necessary. I will give my time, my mind, my strength, and my wealth because this IS necessary.
5. The full New AFrikan Creed is contained in the Code of Umoja.
6. The National Territory of the Republic (still not free) is all the land to which New Afrikans are entitled by International Law, specifically including Louisiana, Mississippi, Alabama, Georgia and South Carolina. [Table of Contents]
II. LEVELS OF AUTHORITY AND RESPONSIBILITY
1. The Code of Umoja is the supreme law of the Republic of New Afrika. But the first, foremost, and final source of all New Afrikan law and power is the New Afrikan people.
2. The People's Center Council (the PCC) is the national legislature which makes law and policy for the developing New Afrikan nation-state.
3. Legislation of the People's Center Council has precedence over the legislation, acts, directives, resolutions, and orders of all officers and Governmental bodies of the Republic of New Afrika.
4. Next in order of precedence are the directives and orders of the People's Revolutionary Leadership Council (the PRLC).
5. The People's Center Council is composed of Representatives who are duly elected from new Afrikan population districts, as well as the President, the Vice presidents, and the National ministers.
6. Only duly elected Representatives have official votes in the PCC.
7. The People's Revolutionary Leadership Council is composed of the Chairperson of the People's Center Council,t he President, the Vice Presidents, and the National Ministers.
8. Every member of the People's Revolutionary Leadership Council has one vote. The PRLC operates on the principle of collective leadership, and the President and all officers and workers are bound by PRLC decisions. The PCC, of course, may over-rule or amend PRLC decisions, resolutions, and orders.
9. Next in order of precedence to the laws, resolutions, orders and directives of the PCC and PRLC are the orders, directives, and resolutions of the President.
10. The President is the Chairperson of the People's Revolutionary Leadership Council.
11. The President has the duty to ensure that all PCC and PRLC decisions are communicated to, followed by, and implemented by all national officers and unit leaders. The national officers and unit leaders follow the direction given by or overruled by the PCC or PRLC.
12. The President has the ultimate responsibility to coordinate all Ministries when the PCC and the PRLC are not in session.
13. The Vice Presidents assist the President in the implementation of Presidential duties.
14. The People's Center Council and/or the People's Revolutionary Leadership Council outlines the responsibilities of each Ministry. [Table of Contents]
III. DUTIES OF MINISTRIES
1. The Treasurer. It is the duty of this officer to be the final repository of all certificates of property, cash, securities, and other valuables of the Republic of New Afrika and to safeguard the same zealously. The Treasurer shall release funds when he or she receives a directive to do so from a lawful spending officer, which directive also bears the signature and other appropriate information of and from the Minister of Finance, or her or his lawful designee, attesting to that officer's review. The Treasurer shall keep accurate records and make them available periodically and upon request to the PCC, the PRLC, the President, the Vice Presidents.
2. The Minister of Finance. The Minister of Finance has the duty of preparing the budgets of the government, in consultation with the Ministers and under direction of the President, for presentation to the People's Center Council. The Minister of Finance has the duty to plan and execute a program of tax and contribution generation and collection, in accordance with the resolutions of the PCC. The Minister must plan and manage the efficient deposit and release of funds (in cooperation with the Treasurer), and must counsel the President, the Vice Presidents, the Ministers and other lawful spending officers regarding the requirements of this efficient cash-flow management. The Minister must also counsel Provisional Government units on fund-raising and all other budgetary and accounting measures. The Minister of Finance receives all incoming funds, promptly records them, and promptly turns them over to the Treasurer. The minister of Finance will keep detailed accounts of expenditures and income, and periodically and upon request the Minister of Finance shall render to the PCC, the PRLC, and the President and Vice Presidents reports and statements and shall keep the Ministry's books available to these officers. The Minister has the responsibility to work with the Minister of Justice to deal effectively with the tax situation of the Republic and its corporate entities with respect to foreign powers.
3. The Minister of Economic Development. This Minister is responsible for planning and leading the development programs of the Republic for industry, commerce, and comprehensive New Communities. This Minister is responsible for farming. This Minister is responsible for carrying out the Republic's plans for development cooperatives and for the establishment of a central bank.
4. The Minister of Foreign Affairs. Under the guidance of the President, the Minister of foreign Affairs organizes and implements a foreign affairs program designed to achieve the objectives set by the PCC and the President. These objectives include, (a) winning support in the Organization of African Unity, the non-aligned states, the United Nations, and other appropriate international bodies for the independence of new Afrika, the freedom of our prisoners-of-war, and the work of the Provisional Government; (b) politically neutralizing hostility against the Republic among the white population of the United States; (c) establishing and maintaining friendly relations with independent states and with progressive states and movements not yet independent; (d) recognizing and observing the important anniversaries of friendly and progressive states and movements and representing our Government at appropriate celebrations, and (e) getting New Afrikans everywhere to embrace and support the provisional Government's independent foreign policy. [Table of Contents]
5. The Minister of Defense. This Minister is responsible for recruiting, training equipping, and deploying Security forces adequate to the defense of the Republic and supportive of the defense of New Afrikans generally in North America. The Defense Minister is commander of all regular, over-ground, defense and security forces of the Republic, and in this responsibility the Minister is directly responsible to the President. (The President is always responsible to the People's Revolutionary leadership Council and the People's Center Council.) The Minister collects, analyzes, stores and appropriately distributes information on the capabilities and intention of other states and on entities hostile to the Republic and coordinates similar intelligence gathering activities by any and all other ministries. This Minister conducts an internal security program to protect the integrity of the Government.
6. The Minister of Justice. The Minister of Justice controls and supervises all litigation initiated by or directed at the Government and its officers, where litigation involving such officers arises from the Provisional Government work. Such activities will always be conducted in a manner to achieve stated ends but also to promote knowledge of the reality of the Government's struggle for the independence of new Afrika. The Minister of Justice assists the Judges of the Republic in developing an effective court system and system of justice, respected and used by the people of the New Afrikan nation, as more fully set out in the Judicial Statute. The Minister of Justice builds and works with the system of Conciliators to make this system an effective contact with, and efficacious servant of the New Afrikan people in every locality. The Minister counsels the President and Ministers with respect to all appropriate legal concerns. The Minister develops and implements a program to promote the freedom of our prisoners-of-war. The Minister assists other prisoners as resources permit.
7. The Minister of Information. this Minister is responsible for creating and implementing effective programs of (a) internal information, which supports morale and work efficiency, and (b) external information, designed to carry out messages to the public in a systematic and effective manner. The Minister of Information will develop and implement plans for paid and non-paid speaking engagements for Government personnel and be involved in the training of all PG (Provisional Government) workers to participate effectively in such programs. The Minister pays careful attention to creating revenue from some of the Ministerial activities,
including the speaking engagements, but also buttons, literature, pennants, flags, and other items. The Minister will develop a professional audio-visual capacity and will work with the Minister of Finance and Minister of Justice in organizing appropriate corporate bodies and other instrumentalities for effectively carrying out the Minister's functions. the Minister serves as Chairperson of the Publications Collective.
8. The Minister of Education. The Minister of Education is responsible for developing and implementing programs of internal and external education in support of the Government's goals. The Minister will develop and monitor all Nation Building and political science classes conducted by and/or for PG personnel. the Minister will work to develop the Pan-Afrikan University and will undertake to provide services and, as soon as possible, budgetary support to the independent New Afrikan schools.
9. The Minister of the Interior. The Minister of the Interior develops and implements programs of retention, re-claiming, and recruiting of Provisional Government workers. the Minister counsels and guides unit leaders and other Ministers with respect to these three R objectives. The Minister works with unit leaders in developing strong, capable, efficient local units.
10. The Minister of Health and Society. This Minister develops and implements programs to promote and safeguard the good health of our people. the Minister exercises lawful authority concerning marriage, divorce, death, birth, and the welfare of children and the aged and others of need.
11. The Minister of Culture. This Minister is responsible for developing and executing plans for the promotion of the arts and humanities and for providing leadership in the creation of authentic New Afrikan art forms and products in all artistic media. [Table of Contents]
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