Constitution of Balisca

Constitution of Balisca
Overview
Original title	Constitución de 23 de julio de 2022
Jurisdiction	Balisca
Ratified	23 July 2022 (2022-07-23)
Date effective	30 July 2022 (2022-07-30)
System	Collaborative liquid democracy
Government structure
Branches	Two: Legislative, Judicial
Chambers	Confederal Congress
Executive	Secretariat Council, chaired by Secretary General
Judiciary	Constitutional Court, Supreme Court of Cassation, Court of Audit

The Constitution of the Baliscan Confederation (Baliscano: Constitución de la Confederación Baliscana), popularly known as the Confederal Constitution (Baliscano: Constitución confederal) was enacted via popular referendum on 23 July 2022, with 69% of all votes cast in favor.

This Constitution was drafted following the 2021 Baliscan civil unrest, and came into force on 30 July 2022.

Content

The text of the Political Constitution of the Confederation begins with the preamble approved by the Constitutional Convention:

Nosaltres y nosaltres, el pueblo de Balisca, conformado por diversas communida, nos otorgamos libremente esta Constitución, acordada en un proceso participativo, paritario y democrático.

We, the people of Balisca, made up of various communities, freely grant ourselves this Constitution, agreed upon in a participatory, equal and democratic process.

The content is distributed in eleven chapters, added to a section of transitory regulations located at the end:

Basic Laws

Chapter I (articles 1 to <>) is the longest chapter of the constitutional proposal, stating that the end of rights is a dignified life, democracy, peace and the balance of nature, endowing people, indigenous nations and nature as holders of individual and collective rights, committing the action of the State to eliminate access barriers to these rights.

• Right to personal integrity (physical, psychosocial, sexual and affective)
• Prohibition of the death penalty, torture, enforced disappearance, slavery, human trafficking and exile
• Right to truth, justice, memory and reparation in case of human rights violations
• Right to equality before the law
• Right to non-discrimination
• Right to progressive autonomy of children and adolescents
• Right to the full development of the personality and the use of one's own language
• Right to child protection
• Right to life and environment free of violence (especially for girls, adolescents and people of sexual and gender diversity and dissidence)
• Right to universal accessibility
• Respect for neurodiversity
• Right on request
• Right to dignified treatment, social reintegration and communication (in case of imprisonment)
• Right to a decent old age
• Right to education (including sex education)
• Right to care for the environment
• Right to freedom of education
• Right to health
• The right to social security
• Right to free choice of work, to equitable remuneration, freedom of association, labor participation and strike
• Recognition of domestic work
• Right to care
• Right to decent housing
• Collective right to the city and territory
• Right to food sovereignty
• Right to water and sanitation
• Right to energy
• Right to sport
• Sexual and reproductive rights
• Right to own worldview
• Right to indigenous consent
• Right to private freedom of worship
• Right to a dignified death
• Right to freedom of movement
• Right to privacy
• Right to asylum and refuge
• Right to freedom of association
• Right to public demonstration
• Right to access information from the State
• Right to personal property
• Right to free love and civil marriage (all forms)
• Right to indigenous sovereignty and decolonization
• Right to freedom to undertake
• Right to freedom of expression
• Right to create social media
• Right to digital connectivity, computer security, a digital space free of violence, along with education in the digital space
• Right to personal data protection
• Right to leisure
• Right to cultural and artistic participation
• Right to read
• Right to research
• Right to cultural heritage
• Right to regeneration of nature
• Right to a healthy and balanced environment
• Right to clean air
• Universal access to mountains, beaches, lakes, lagoons and wetlands
• Access to justice and due process

In addition to functioning as a "bill of rights," this chapter includes new uniform requirements to access Baliscan nationality and citizenship, recognizing the rights of persons residing abroad and those who have migrated, the right to guardianship for the reestablishment of violated rights or put an end to irrational arrests, compensation in the event of unjust arrest and imprisonment, and the principles of the "Ombudsman" as an entity for the promotion and protection of human rights guaranteed in this Constitution, in international human rights treaties ratified and in force in Balisca in conjunction with the "Children's Rights Ombudsman" whose purpose will be the protection of the aforementioned rights, but in childhood and adolescence.

General principles and provisions

File:Salto monument.png

In Chapter II, the Constitution establishes that Balisca, in its diversity, "forms a unique and indivisible territory", but does not definitely establish any state symbols (i.e. a flag , emblem or anthem)

Chapter II (articles <> to <>), called general principles and provisions, contains the fundamental principles of the formation of the Baliscan Confederation, its role, its relationship with people, its territory distribution among others. It reaffirms social protection in Balisca, its plurinational and ecological character, the form of exercise of sovereignty, the protection of human rights as the basis for any and all confederal action, the free association of the territory (recognizing Indigenous sovereignity), the freedom and equality of people and their relationship with nature, the recognition of participation and equitable representation of all diversities and sexual and gender dissidence in positions of power, secularism, and the recognition of all forms of family.

Article I: Fundamental Principles

Sovereignty: The sovereignty of the Baliscan/Anhangán people is paramount. All power derives from the people, who exercise their sovereignty through their local popular assemblies.

Liberation and Equality: We stand for the complete liberation of Balisca from all forms of oppression, including imperialism, capitalism, and social injustice. We uphold the principle of equality, where all individuals are entitled to equal rights and opportunities, irrespective of gender, ethnicity, religion, or social status.

Popular Participation: The Baliscan Confederation believes in direct democracy and the active participation of all members of society in decision-making processes. We promote the autonomy and self-management of communities, encouraging grassroots initiatives and bottom-up organization.

Social Justice: The Baliscan Confederation is committed to social justice, aiming to eradicate poverty, inequality, and exploitation. We seek to redistribute wealth, ensure fair access to resources, and provide a dignified life for all citizens.

National Liberation: The Baliscan Confederation recognizes the right of all communities within Balisca to self-determination, cultural preservation, and political representation. We reject any form of national chauvinism or discrimination.

Article II: Structure of the Baliscan Confederation

Confederal Congress: The Confederal Congress serves as the supreme decision-making body of the Baliscan Confederation. Composed of all local delegates, it deliberates on strategic objectives, policies, and major organizational matters.

Secretariat Council: The Secretariat Council is elected by the Confederal Congress and acts as the body responsible for implementing the decisions of the Congress. It coordinates and guides the activities of the regions, ensuring the realization of their common goals.

Local Assemblies: Local Assemblies are established at the community level, promoting self-governance, participatory democracy, and the needs of local populations. They have the authority to make decisions within their respective regions, ensuring that power is decentralized and that decisions are made at the most appropriate level.

People's Defense: The Baliscan Armed Forces are responsible for safeguarding the revolution, protecting the people, and defending the sovereignty of Balisca. They operate under the direction of the Central Committee and are accountable to the people, whom express their will through their delegates of the Confederal Congress.

Article III: Fundamental Rights and Freedoms

Civil and Political Rights: All individuals within the territory of Balisca have the right to freedom of expression, association, assembly, and political participation. They have the right to a fair and impartial trial, freedom from torture and cruel treatment, and protection of their personal privacy.

Economic and Social Rights: Guarantees the right to an adequate standard of living, fair wages, and safe working conditions. It ensures access to education, healthcare, housing, and social security for all citizens. It promotes cooperative ownership, collective decision-making, regenerativity and circularity.

Cultural and Linguistic Rights: Respects and protects the cultural diversity and linguistic heritage of all communities within its territory. It recognizes the right to preserve, develop, and promote local cultures, languages, and traditional knowledge.

Article IV: Revolutionary Justice

Revolutionary Justice System: Establishes a revolutionary and restorative justice Justice System that is decentralized, transparent, and based on the principles of fairness, equality, and popular participation. It aims to rectify historical injustices, hold accountable those responsible for crimes against the people, and promote reconciliation.

Truth and Reconciliation Commission: Establishes a Truth and Reconciliation Commission to investigate past human rights abuses, provide a platform for victims to tell their stories, and foster national healing. The Commission's findings and recommendations will guide the pursuit of justice and reparations.

Article V: Territorial Integrity and International Relations

Territorial Integrity: Commitment to the territorial integrity and unity of Balisca. It respects the rights of all regions within its territory and ensures their fair representation in decision-making processes.

International Solidarity: Stands in solidarity with all peoples around the world who strive for liberation, social justice, and equality. It advocates for the rights of oppressed nations and supports movements that align with its revolutionary principles.

Article VI: Constitutional Amendments

This Constitution may be amended by a two-thirds majority vote of the Confederal Congress, provided that the proposed amendments align with the revolutionary principles and goals of this document.