Constitution of CINMENA

Table of Contents

PREAMBLE

We, the Indigenous Nations of the Middle East and North Africa, in order to establish a more responsible and effective organization, promote our general welfare, conserve and develop our lands and other resources and secure for ourselves and our posterity the power to exercise certain rights of self-government consistent with existing national laws, do ordain and establish this Constitution of the Confederation of Indigenous Nations of the Middle East and North Africa, hereafter called ‘the Confederation’.

PART I – PURPOSE

This Constitution shall be the legal basis of the Confederation’s authority to act at the request of affected member nations and governments for the following common concerns:

1. Protection of indigenous sovereignty, governments, territories, resources, assets and citizens’ rights;
2. Conduct of foreign affairs on behalf of member governments at the request of each signing nation. Otherwise each nation shall retain control over its own foreign affairs.
3. Implementation of plans of action required by member governments regarding future relations with independent nations, with the consent of individual nations;
4. Development of this Constitution as required for ratification by member governments;
5. Coordination of the management of indigenous affairs, territories, resources, assets and rights, based on specific authorization by affected nations; and
6. Development of general policies regarding indigenous governmental cooperation in the provision of services and programs to indigenous citizens.

PART II – PRINCIPLES OF CONFEDERATION

1. The Confederation recognizes that the inherent sovereignty of the citizens of member nations and governments are inalienable.
2. Indigenous governments are those that are constitutional according to the customary laws of each nation and formally enacted by citizens of existing indigenous nations, tribes and settlements according to their laws and customs. A definition of citizenship in these political bodies, the terms and processes of naturalization of those viewed as stateless and the rights of citizens shall be provided in constitutions enacted by confederated indigenous nations.
3. The authority to associate and conduct diplomatic and other relations with other indigenous nations and governments shall be constitutionally provided by member governments.
4. Indigenous nations are those formally established by indigenous peoples for security, cultural, economic and/or legal purposes.
5. The Confederation shall respect the inherent sovereignty and equality of its member nations and governments.
6. Member nations and governments shall settle disputes amongst or between themselves by peaceful means of negotiation, conciliation or arbitration.
7. Any member of the Confederation threatened by violence or forced removal may call upon other members to provide for their common defense and security with aid and assistance in the form of material, security and political support.
8. The Confederation shall be dedicated to indigenous self-reliance, self-sufficiency and self-determination and is solemnly committed to the purpose, principles and terms of this Constitution.
9. Any ination or government shall be entitled to apply for participation in the Confederation as long as it is indigenous to the Middle East or North Africa and is solemnly committed to the purpose, principles and terms of this Constitution.
10. The member governments of the Confederation shall include in their own Constitutions the traditional principle of inalienable communal ownership of territories, resources and all assets accruing from the use or exploitation of traditional territories and resources.

PART III – MEMBERSHIP

1. Founding members of the Confederation of indigenous governments shall be those nations and governments whose leaders sign this document and whose governments ratify it.
2. This Constitution shall be approved by the Congress of the Confederation and shall be effective upon ratification of the Constitution by the member governments.

PART IV – GOVERNMENT OF CONFEDERATION

1. Section 1. Assembly of Heads of Nations
2. The Confederation shall consist of an Assembly of the Heads of member governments, a Congress of Representatives and an Executive Council and a Judiciary.
3. The Assembly of the Heads of member Governments, to be known as ‘the Assembly’, shall meet at least once every year to review the policies and financial affairs of the Confederation, make recommendations to the Congress and elect the President and Vice-President.

Section 2. Congress of Representatives

1. The Congress of representatives shall be elected by the member governments in constituencies established in this Constitution.
2. The Congress of representatives shall be the Legislature of the Confederation. It shall enact all laws for the Confederation and establish its own rules and procedures subject only to limitations recommended by the members and ratified by the founding members. It shall also enact policies to govern the activities of the Confederation.
3. The Congress shall convene at least one session every year to conduct its business and fulfill its responsibilities and duties for a duration of not fewer than thirty (30) days nor more than sixty (60) days.
4. Member governments shall determine their own transparent election procedures.
5. After ratification of the Constitution and the first general election, elections are recommended to be held every four years and not longer than forty-eight (48) consecutive months since the previous election.
6. For the purpose of the establishment of the first indigenous governments, the signatories of this Constitution shall adopt their own rules and procedures for the necessary elections.

Section 3. Executive Council 

1. The Executive Council shall consist of at least one appointed representative and an alternate from each member government.
2. Members of the Executive Council shall be elected by member governments of the Confederation in accordance with the formula accepted before ratification of this Constitution and as provided in this Constitution.
3. If a vacancy occurs in the Executive Council, then the member government shall appoint a replacement from its own government.
4. If authorized by the Congress, the President may appoint additional representatives from the Congress to the Executive Council.
5. The Executive Council shall be responsible for the establishment of programs and the implementation and application of laws in accordance with the policies and laws enacted by the Congress. The Executive Council shall draft the budget for the Confederation for congressional approval.
6. The Executive Council shall develop a Secretariat as required by the governments of the Confederation subject to legislative approval in accordance with the formula accepted before ratification with financial controls and such rules and procedures as adopted by the Executive Council.
7. Members may be assigned specific responsibilities and portfolios by the President.
8. The President shall be the Head of the Executive Council. The President shall:
   1. direct the Executive Council and Secretary;
   2. chair all sessions of the Executive Council and the Congress, or delegate this function to a member of the Executive Council; and
   3. cast the deciding vote in case of a tie vote.
9. The President shall have the power of veto over all laws enacted by the Congress. This power of veto, however, shall be rendered null if the laws are adopted on a second reading in the Congress by a two-thirds (2/3) majority vote.
10. The Vice-President shall assume the responsibilities, duties and role of the President as directed by the President or as required by the incapacitation of the President.
11. In case of a dispute, the Congress at its regular session shall decide on the President’s ability to hold office in accordance with appropriate rules and procedures provided in the ratified Constitution.
12. Candidates for Executive Council positions must be at least thirty (30) years of age and citizens of member nations. 
13. Candidates for the elected positions of the Executive Council must be elected as provided by the laws of their member nation. 
14. Each nation must already have an autonomous government and a Constitution or be in the process of writing and adopting its own Constitution before being admitted to the Confederation.

Section 4. The Judiciary Branch

1. The Judiciary Branch shall initially serve as a Constitutional Committee.
2. The Judiciary shall consist of appointed members who are members of the Confederation and are at least thirty (30) years of age. The Congress shall appoint the members of the Judiciary from a list of candidates prepared by the Executive Committee.
3. The Judiciary shall develop and propose amendments to this Constitution which relate to the structure, function, composition, systems, processes, rules, regulations and procedures and other mechanisms of the Judiciary for inclusion in this Constitution as one or more amendments.
4. In addition, the Judiciary shall propose, as one or more amendments to this Constitution, the necessary rules, procedures and measures required to regulate the conduct of Government members who are elected, appointed or employed, including provisions for the impeachment of elected officials. 
5. The Judiciary may, upon the approval by consensus of all Confederation members, create and establish tribunals for the purpose of hearing, detaining, prosecuting and sentencing perpetrators of violence against any member nation for forced removal, forced colonization, and other crimes against humanity. 
   1. Each nation with judiciary capacity shall commit resources, facilities or other mechanisms for documentation and records for judicial and prosecutor purposes. 
   2. The necessary funding for tribunals shall be provided collectively by Confederation members and managed by one member nation hosting the tribunal. 

PART V – TERRITORY

The jurisdiction of the Confederation of Indigenous Nations of the Middle East and North Africa shall extend to all lands contained within each nation’s borders and to such lands as may have been heretofore or may hereafter be acquired by tribal nations of the Confederation or in trust for such nations.

PART VI – BILL OF RIGHTS

1. All members of the Confederation shall be accorded equal opportunities to participate in the economic resources and activities of the member nations.
2. All members of the Confederation shall enjoy, without hindrance, freedom of worship, speech, press and assembly.
3. Any member of the Confederation accused of any offense shall have:
   1. the right to a prompt and open public hearing with due notice of the offense charged;
   2. be permitted to summon witnesses on their own behalf; and 
   3. have a trial by jury when duly requested by anyone accused of a punishable offense.

PART VII – TRIBUNALS

1. The Confederation Tribunal has jurisdiction over any dispute concerning the interpretation of criminal law, the prosecution of criminal cases and over all matters specifically provided for in any other agreements or resolutions adopted by the Confederation members that confer jurisdiction to the Tribunal over referred cases. Such agreements or resolutions also may specify procedures to be followed in the referral of cases to the Confederation Tribunal and the duties of Confederation personnel, who are involved in the handling or processing of referred cases. 
2. The Confederation Tribunal is open to Confederation nations and tribes as well as any states and international organizations that are parties to a Tribunal Convention. It is also open to entities other than state parties by request to the Confederation Congress, i.e., states or intergovernmental organizations that are not parties to a Convention and to state enterprises and private entities “in any case expressly provided for in or in any case submitted pursuant to any other agreement conferring jurisdiction on the Tribunal which is accepted by the Justice Commission as provided in Part VII-Section 5, as specified below.” 
3. When a case is referred to the Confederation, the Confederation Tribunal handling the referred case shall have the same legal jurisdiction, as the referring nation or tribe would have over the case and persons involved in the case. 
4. All cases that are to be referred must be submitted to the Justice Commission of the Confederation, which shall be overseen initially by the Ezidikhan Government. Before being referred to a Tribunal, the Justice Minister of Ezidikhan must certify that one or more crimes have been committed and that there is probable cause that the person or persons being charged in the case committed that crime or crimes. 
5. Each Nation of the Confederation shall be represented in Congress by its Justice Minister or by such representatives as each Nation shall appoint.

PART VIII – POWERS OF THE TRIBAL COUNCIL

Section 1. Enumerated powers. The Tribal Council of the Confederation shall have the powers to:

1. negotiate with national, provincial and local governments on behalf of the Confederation and to advise and consult with the representatives of the Congress that may affect the Confederation;
2. employ legal counsel for the protection and advancement of the rights of the Confederation and its members;
3. approve or veto any sale, disposition, lease or encumbrance of tribal lands, interests in land or other tribal assets that may be authorized or executed by the leaders of Confederation nations, the Justice Minister or any other qualified official or agency of Government, provided that no tribal lands shall ever be sold;
4. submit, through proper Government channels, recommendations for the expenditure of funds for tribal support, reimbursable assistance, reservational improvements, health, education and other necessary activities for the advancement of the members of the Confederation;
5. borrow money from governments, banks or international aid agencies in accordance with the terms of a corporate charter to be issued to the Confederation and to borrow money for public purposes in accordance with terms to be approved by a Tribal Referendum;
6. manage the economic affairs of the Confederation and to appropriate available funds for public purposes;
7. promulgate and enforce ordinances subject to review by the leaders of the Confederation. This power may also extend to members of the Confederation, provided such ordinances have been approved by a referendum of the Confederation;
8. exclude from the territories of the Confederation persons not legally entitled to reside therein under ordinances that shall be subject to review by the Congress;
9. establish ordinances, subject to review by the Congress, governing law enforcement on tribal lands and to set up courts for the trial and punishment of offenders against such ordinances;
10. purchase the land of members of the Confederation for public purposes under proceedings in courts of competent jurisdiction;
11. prohibit the overgrazing of lands or other depletion of the capital or natural resources of nations of the Confederation by ordinances that shall be subject to approval by the leaders of Congress; 
12. regulate the uses and disposition of tribal property; protect and preserve the tribal property, wildlife and natural resources; 
13. cultivate arts, crafts and culture; 
14. administer charity; 
15. protect the health, security and general welfare of the members of the Confederation;
16. regulate the inheritance of real and personal property other than allotted lands, within the territory of the Confederation;
17. establish ordinances relating to the assignment, use or transfer of tribal lands within the jurisdiction in conformity with this Constitution;
18. charter subordinate organizations for economic purposes and regulate the activities of all cooperative associations of members of the Confederation;
19. regulate the domestic relations of members of the Confederation; and
20. provide for the appointment of guardians for minors and those who are mentally incompetent by ordinance or resolution subject to review by the Congress.

PART IX – REFERENDUMS

1. Whenever a matter of great importance comes before it, the Congress shall, by resolution duly passed, submit the matter to the vote of the people. If they do not agree to submit the question, any two members of the Council or one-fifth (1/5) of the members of the Confederation may, within thirty (30) days after the vote of the Council, call for a popular referendum. No councilman shall call for more than two referendum elections during any calendar year. 
2. When a referendum election has been called, the question to be voted on shall be posted at the polling stations for at least ten days prior to the election. The notice shall contain the ordinance or resolution to be voted on with the accompanying words: “Shall the ordinance (or resolution) be approved. Yes. ( ). No. ( ).” 
3. The will of the majority of those voting shall be the law, provided at least one-third (1/3) of the eligible voters actually vote.

PART X – AMENDMENTS

1. This Constitution may be amended as provided below. 
2. The Judicial Branch, serving as a Constitutional Committee, shall receive from member governments or the Congress proposed changes to the Constitution. 
3. The Committee shall evaluate any proposed amendment and shall make recommendations regarding any proposed amendment. 
4. The evaluation and recommendations of the Constitutional Committee shall be sent to Congress for the consideration and approval of the Congress. 
5. Congressionally approved amendments shall be distributed to member governments for ratification. 
6. Upon ratification by two-thirds (2/3) of the member governments, an amendment shall be deemed enacted.

PART XI – RATIFICATION

The Constitution of the Confederation of Indigenous Nations of the Middle East and North African governments shall come into effect when the Heads of the Indigenous Governments unanimously ratify this Constitution.

FIRST AMENDMENT

First Amendment to the Constitution of the Confederation of Indigenous Nations of the Middle East and North Africa (CINMENA) and member nations on rules regarding the prosecution and punishment of those accused of war crimes against the Confederation and its member nations.

Whereas, the Confederation of Indigenous Nations of the Middle East and North Africa (also called CINMENA or ‘the Confederation’) and its member nations have joined in agreement and made declarations of our intention that war criminals should and must be brought to justice; and

Whereas, this Amendment amends the Constitution of the Confederation to conform better with customary laws for Indigenous treaties and tribunals such that those groups and individuals accused of taking a consenting part in atrocities and crimes may be repatriated to the countries in which the crimes were committed in order that they may be judged and sentenced according to the laws of these liberated countries and of the governments responsible therein; and

Whereas, this Amendment is without prejudice to the case of those accused of crimes that have no particular geographical location and who will be tried and sentenced by the joint decision of the  allied governments of the Confederation;

Now therefore the Secretariat of the Confederation, acting in the common interest of all member nations of the Confederation and by their representatives’ consent, have duly authorized and concluded this Amendment.

Article 1. There shall be established in consultation with the CINMENA leaders an International Tribunal to bring to trial  those accused war criminals whose offences have no particular geographical location, whether they be accused individually or in their capacity as members of organizations or groups or in both capacities.

Article 2. The constitution, jurisdiction and functions of the treaties and tribunals and the authority to investigate and refer cases to the prosecutor and any other legal mechanism shall be the authority of each national government of the Confederation.

Article 3. Each of the Confederation’s national governments shall take all necessary steps to make available for the investigation of the charges and trial any major war criminals detained by them who are to be tried by the International Tribunal. The nations shall earnestly endeavour to further the investigation and prosecution of accused war criminals including those who may not be in the territories of any of the nations.

Article 4. Any government within the Confederation may accede to this Amendment by notice given through diplomatic channels to the Confederation Secretariat, who shall inform the other member nations and adhering governments of each such adherence.

Article 5. The Justice Tribunal shall consist of representatives from members of the Confederation’s national governments, including an alternate for each of them. One member and one alternate shall be appointed by each of the nations. Alternates shall, so far as they are able, be present at all sessions of the drafting and signing of this Amendment to the Treaty of Shingal as well as at the Justice Tribunal. In case of illness of any member of the Confederation or his/her incapacity for some other reason to fulfil his functions, the alternate shall take that place.

Article 6. If a nation’s leader or alternate is unable to perform his or her duties, the nation’s leadership can request the Justice Minister or Confederation tribunal to exercise jurisdiction for their nation with regard to signing treaties, establishing tribunals or investigating and charging defendants at such tribunals.

Article 7. Neither this Amendment nor the Tribunal, its members nor their alternates may be challenged after the Amendment has been ratified or the Tribunal begins. Each nation may replace its member of the Tribunal or his alternate for reasons of health or for other good reasons, except that no replacement may take place during a trial, other than by an alternate.

Article 8. 

1. The presence of all members of the treaty or Tribunal or the alternate for any absent member shall be necessary to constitute the quorum, unless the Confederation or the Justice Minister assume jurisdiction.
2. The members of the Tribunal shall, before any trial begins, agree among themselves on the selection from their number of a President, and the President shall hold office during that trial, or as may otherwise be agreed by a vote of not less than three members. The principle of rotation of the presidency for successive trials is agreed. If, however, a session of the Tribunal takes place on the territory of one of the nation leaders, the representative of that signatory of the Tribunal shall preside.
3. Save as aforesaid, the Tribunal shall take decisions by a majority vote and, in case the votes are evenly divided, the vote of the President shall be decisive, provided that convictions and sentences are imposed by affirmative votes of at least three members of the Tribunal.

This Amendment shall come into force on the day of signing and shall remain in force until modified by the Confederation. It is the right of any nation to give, through diplomatic channels to the Confederation Secretariat, one month’s notice of intention to terminate it. Such termination shall not prejudice any proceedings already taken nor any findings already made in pursuance of this.

In pursuance of this Constitutional Amendment signed on September 30th 2021, under the Secretariat of the Confederation there shall be established an “Indigenous Peoples Tribunal” for the just and prompt prosecution of war criminals who acted against the citizens and nations of CINMENA.

CERTIFICATION 

Pursuant to an order approved by the President of the Confederation, the attached amended Constitution and By-laws were submitted for Ratification to the Members of the Confederation of Indigenous Nations of the Middle East and North Africa on September 30th, 2021 and duly adopted by a vote of leaders of this Confederation. 

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