DRAFT WORLD PANSTITUTION
(Version 1.6.3)
(List of rules rendering all prior and subsequent constitutions illegal)
by Yanick Toutain
REVOLISATION
March 30, 2016 / April 1, 2016
Text under permanent revision
PROLOGUE
The delegates who established the prototypes of panstitution were assassinated by supporters of constitutional democracy: from Spartokos assassinated by the Crassus clique to the delegate-deputies (1 per 15,000) of the Paris Commune of 1871 assassinated by the Adolphe Thiers clique, from the revocable delegate-councillors (1 per 500) of the November 7, 1917 revolution assassinated by the author of the 1936 Constitution—Joseph Dougachvili alias Stalin—to the base delegates (1 per 25) of the Spanish revolution assassinated by General Franco with the help of supporters of the constitutions of the USA, France, and Great Britain... it is clear that pro-constitution forces are nothing but assassins drowning any other institutional functioning in blood.
The last major attempt to establish a panstitution—in Burkina Faso starting from the revolution of August 4, 1983—was brutally interrupted on October 15, 1987. And after the proto-revolution of spring 2011, pro-constitution groups emerged, commissioned throughout Africa by imperialist Europe to prevent any return of the panstitutional institutions articulated by Thomas Sankara, Valère Somé and their comrades, which should normally have been respected from the evening of October 30, 2014 when the constitutional dictator was overthrown by the enraged population.
Similarly, we have recently seen the decision of the European constitutional dictatorship prohibiting any possibility of recalling an elected official in Ukraine, supplemented by the dispatch and financing of neo-Nazis to that country, accompanied by clandestine CIA agents and even a minister who was a US citizen freshly naturalized Ukrainian for the occasion.
I. GENERAL PRINCIPLES
Article 1
Every individual is responsible for their acts and for the consequences of their acts.
Article 2
As a consequence of Article 1, every individual delegating their powers is permanently co-responsible for the acts committed by their representative.
Article 3
As a consequence of Articles 1 and 2, every individual claiming to represent one or more persons and to act in their name must therefore provide the names of those they claim to represent.
Article 4
The balance of powers flows from top to bottom and from bottom to top.
Article 5
The balance of powers toward the top is ensured by the possibility of recalling delegates of higher committees at any time. A delegate who no longer has their quota of delegators immediately loses the power of their status and function to descend to the lower status and function.
Article 6
The balance of powers toward the bottom is ensured by the primacy of higher-rank committees over lower-rank committees.
Article 7
The balance of powers is therefore ensured by the distinction between councils (of delegators) without management power and zone committees assuming management of the zones they administer.
Article 8
The balance of powers between function-holding officials and the people is ensured by their permanent revocability and the co-responsibility of their delegators.
Article 9
The balance of powers between judicial officials and the people is ensured by the appointment and revocability of all judges and prosecutors, and the co-responsibility of their delegators.
Article 10
Committees managing a geographic zone are composed of delegates revocable at any time.
Article 11
The operating rules of each committee are established by higher-rank committees which impose them for a defined zone.
II. RULES
Article 1
Every representative of the people shall permanently present the complete list of delegators they represent. This list is public and appears on telematic networks.
Article 2
Every representative of the people represents a defined number of delegators. This number being a power of the quota defined by the highest-rank committee.
Article 3
Every representative of the people makes public the procedures allowing their possible recall.
Article 4
Every representative of the people must be permanently monitored and revocable by a restricted council formed of lower-rank delegates of the people. This council may not be composed of more than 30 persons.
Article 5
Any person derogating from the measures set forth in Articles 1, 2, 3, or 4 shall be declared illegitimate and delinquent.
5.a Consequently, any individual claiming a status without being able to present the list of their delegators shall be declared a usurper.
5.b Any individual claiming they cannot be recalled for any reason whatsoever, or who refuses to validate the conditions of their recall, shall be declared a usurper.
5.c In case of imminent and specified danger, one or more of the preceding articles may be provisionally suspended.
Article 6
All delegators who have designated a representative are criminally liable for acts committed by that delegate. No excuse may be invoked: the act of entrusting one’s representation to an individual instantly implies taking responsibility for that individual’s acts.
Article 7
It follows from Rules 1 to 6 that no group of any kind may claim any right to control or enforce any special or ordinary rule—particularly one called “constitutional”—if that group intends to derogate from these Rules 1 to 6.
Article 8
Every representative of the people is a member of a zone committee. A significant percentage of that delegate’s delegators must be residents of that zone.
Article 9
Zone committees of a geographic zone establish and enforce rules applicable within that geographic zone, in compliance with rules established by the higher-rank zone committee.
Article 10
The boundaries and size of each zone are decided by the higher-rank zone committee.
10.a Should a zone committee have a disagreement with its higher-rank zone committee, it may request a decision from the next higher-rank zone committee.
10.b Example: a neighborhood committee contesting boundaries established by the city committee may request arbitration from the regional committee.
10.c Example: a regional committee wishing to secede from a country contrary to the national committee’s view may request intervention from the world committee.
Article 11
The number of delegates of each zone committee is proportional to the number of delegators residing in that zone.
Article 12
Zone committees are composed of fewer than 30 participants to allow everyone’s participation in debates. Should a zone produce a larger number of delegates, one of two solutions must be chosen:
12.a Either geographic division of the zone.
12.b Or designation of an executive bureau formed of intermediate delegates.
Article 13
While zone committees are heterogeneous, the restricted council that monitors the acts, decisions, and votes of each delegate member of a zone committee is deemed to be homogeneous and therefore immediately assumes all the acts, decisions, and votes of the delegate monitored by that council.
Article 14
In case of breach or illegal behavior by a representative of the people, all delegators who designated that representative are instantly criminally liable for crimes and offenses committed by that representative in the context of activities corresponding to their status and functions. This includes members of the restricted council monitoring that delegate and members of lower-level councils monitoring the latter.
Article 15
Absent contrary provisions decided by the higher-level committee, the quota of one delegate per 25 adopted in Spain in 1936 is the quota that shall be adopted de facto. Intermediate delegates (1 per 5) shall in some cases be designated for certain statuses (commissions, for example) or certain functions (delegate auxiliaries, for example).
Article 16
The choice of a 1 per 25 quota for designating the delegate to the upper level entails a 1 per 5 quota for designating the intermediate delegate. The delegate is therefore an intermediate delegate chosen by the four other intermediate delegates.
III. MODALITIES
Delegates, having a status and a function, are designated by (at least one) council and are members of one or more committees corresponding to their status.
Article 1
Delegates are designated by councils of delegators or councils of delegates.
1.a The first level is that of base delegate. They represent 25 persons. A council of 25 delegators meets, designates, and may recall the base delegate by simple non-replaced departure of one of the 25 members of that council.
i. For this level as for others, a waiting list may be established in case of departure of one of the 25 members.
1.b The 2nd level is that of councillor delegate. They represent 625 persons. The councillor delegate is designated by a council of 25 base delegates. Their recall is automatic if one of the 25 base delegates leaves the council without being immediately replaced.
1.c The 3rd level is that of deputy delegate. They represent 15,625 delegators (25³). The deputy delegate is designated and monitored by 25 councillor delegates. Their recall is automatic if one of the 25 councillor delegates leaves the council without being immediately replaced.
1.d The 4th level is that of national delegate. They represent approximately 400,000 delegators (25⁴ = 390,625). The national delegate is designated and monitored by 25 deputy delegates. Their recall is automatic if one of the 25 deputy delegates leaves the council without being immediately replaced.
1.e The 5th level is that of international delegate. They represent approximately 10 million delegators (25⁵ = 9,765,625). The international delegate is designated and monitored by 25 national delegates. Their recall is automatic if one of the 25 national delegates leaves the council without being immediately replaced.
1.f The 6th level is that of world delegate. They represent approximately 250 million delegators (25⁶ = 244,140,625). The world delegate is designated and monitored by 25 international delegates. Their recall is automatic if one of the 25 international delegates leaves the council without being immediately replaced.
Article 2
Delegates are ex officio members of committees.
2.a Unless deprived of their rights by justified judicial decision at the higher level, a delegate of a certain rank and resident of a geographic zone is an ex officio member of the committee of that geographic zone.
2.b For all committees, should it convene more than 30 members, Article I.12 shall apply (zone split or designation of an executive bureau formed of intermediate delegates).
2.c Neighborhood or village committees are formed of base delegates.
2.d Sector committees are formed of councillor delegates. Sectors may be cities, groups of villages, or districts within large cities.
2.e Regional committees are formed of deputy delegates. Regional committees take the name of the region they administer.
2.f Committees convening national delegates shall be called CNR + one or two initial letters of the country’s name. The CNRBF, for example, will be the committee that shall carry on the legacy of the humanocratic revolution of 1983–1987 in Burkina Faso under Thomas Sankara.
2.g Committees convening international delegates shall be continental or semi-continental committees: CIRAf for Africa, CIREur for Europe, CIRAs for Asia, CIRAw for Awerica.
2.h The committee convening world delegates shall be called the World Revolutionary Committee or WRC (CMR in French).
Article 3
All delegates have a function.
Civil servants are integrated into the social leadership apparatus and are therefore necessarily delegates whose status corresponds to the importance of their function.
3.a This function shall have been given to them by the base council that designated them and under the control of the higher-level delegate. In some cases, these committees may be asked to modify the original mission or to validate an additional characteristic to that function.
3.b No base-level civil servant and above may exercise their function without having been validated by a base council.
3.c It follows that civil servants are all base delegates or, failing that, base intermediate delegates.
3.d Any civil servant exercising a function without having the number of delegators corresponding to their rank shall be declared a usurper and immediately removed from the position they have illegally occupied.
3.e Functions are distributed as follows:
i. 40% pedagogy delegates (10 delegates out of 25)
ii. 32% health delegates (8 delegates out of 25)
iii. 20% security delegates (5 delegates out of 25)
iv. 8% justice delegates (2 delegates out of 25)
v. These percentages corresponding to practice in imperialist countries are intended to be standardized worldwide under WRC control.
Article 4
Committees distribute tasks among various commissions.
4.a A committee gathering all base delegates of a same zone is subdivided into several commissions.
4.b Each member of a zone committee is coordinator (alone or with others) of one or more commissions. It is within each commission that the main coordination work of delegates takes place.
4.c Tasks are voted on in committees. They are prepared and implemented by specialized commissions. Each commission is led by a delegate (or an intermediate delegate for executive bureaus) designated as coordinator and composed of intermediate delegates (or delegates for executive bureaus).
4.d Commissions are divided into five sectors of intervention:
i. Pedagogy commission
ii. Health commission
iii. Economy and finance commission
iv. Security, protection, and defense commission
v. People’s justice commission
vi. Note that the economy and finance commission is not linked to delegate functions. In this sector, regulation is indeed ensured by competition in the goods and services market and by people’s investment.
Article 5 – Pedagogy Delegates
5.a Any teacher unable to present the list of their 25 delegators is immediately suspended and must leave premises intended for pedagogical purposes and refrain from practicing elsewhere.
5.b An exception shall concern assistants who shall be BIDs (Base Intermediate Delegates) assistant pedagogy with only 4 monitoring delegators.
5.c Teachers must have statuses corresponding to their level of responsibility in pedagogical structures.
Article 6 – Health Delegates
6.a Any caregiver unable to present the list of their 25 delegators is immediately suspended and must leave premises intended for medical purposes and refrain from practicing elsewhere. This includes surgeons, physicians, nurses, and all kinds of medical auxiliaries.
6.b An exception shall concern assistants who shall be BIDs (Base Intermediate Delegates) assistant health with only 4 monitoring delegators.
6.c Caregivers must have statuses corresponding to their level of responsibility in health structures:
i. Current very highly qualified surgeons must be deputy delegates presenting the list of 15,625 delegators criminally co-responsible for their acts.
ii. Current highly qualified surgeons must be intermediate deputy delegates (IDD) presenting the list of 3,124 delegators criminally co-responsible for their acts.
iii. Other current surgeons must be councillor delegates presenting the list of 624 delegators criminally co-responsible for their acts.
iv. Current dental surgeons, all specialist physicians or general practitioners with specialty (10%) must be intermediate councillor delegates (ICD) presenting the list of 124 delegators criminally co-responsible for their acts.
v. Current pharmacists, midwives, 60% of nurses or equivalent must be base delegates presenting the list of 24 delegators criminally co-responsible for their acts.
vi. 40% of current auxiliary nurses or equivalent must be health assistants, base intermediate delegates (BID) presenting the list of 4 delegators criminally co-responsible for their acts.
Article 7
Any structure whose members conduct their activity with weapons (direct or by destination) is dissolved and immediately replaced according to the criteria of the following article on security delegates.
Article 8 – Security Delegates
8.a Any police officer, gendarme, or military personnel (or more generally public or private armed or investigative corps) unable to present the list of their 25 delegators is immediately suspended and must leave premises intended for security (public or private) and refrain from practicing elsewhere. An exception shall concern assistants who shall be BIDs (Base Intermediate Delegates) assistant security with only 4 monitoring delegators.
8.b Security delegates are divided into three sectors: protection, investigation, and defense.
8.c Of the 20% security delegates, 12% shall be for protection (former police tasks), 2% for investigators, and 8% for defense (former military tasks).
8.d Former police officers, former gendarmes, and former military personnel must respect the following rules and acquire the status corresponding to their level of intervention:
i. Current generals and above (or equivalent ranks in police or gendarmerie forces) must be deputy delegates presenting the list of 15,625 delegators criminally co-responsible for their acts.
ii. Current colonels (or equivalent ranks in police or gendarmerie forces) must be intermediate deputy delegates (IDD) presenting the list of 3,125 delegators criminally co-responsible for their acts.
iii. Current lieutenant-colonels and majors (or equivalent ranks in police or gendarmerie forces) must be councillor delegates presenting the list of 625 delegators criminally co-responsible for their acts.
iv. Current captains and lieutenants (or equivalent ranks in police or gendarmerie forces) must be intermediate councillor delegates (ICD) presenting the list of 125 delegators criminally co-responsible for their acts.
v. Current non-commissioned officers (or equivalent ranks in police or gendarmerie forces) must be base delegates presenting the list of 25 delegators criminally co-responsible for their acts.
vi. Current enlisted personnel (or equivalent ranks in police or gendarmerie forces) must be base intermediate delegates (BID) presenting the list of 5 delegators criminally co-responsible for their acts.
Article 9 – Justice Delegates
9.a Any judge currently in office must acquire the status corresponding to their level of intervention:
i. Cassation judges and magistrates and above must be deputy delegates presenting the list of 15,625 delegators criminally co-responsible for their acts.
ii. Appeals court judges and magistrates must be intermediate deputy delegates (IDD) presenting the list of 3,125 delegators criminally co-responsible for their acts.
iii. District court judges and magistrates must be councillor delegates presenting the list of 625 delegators criminally co-responsible for their acts.
Note on TPAs (Provincial Popular Tribunals): The TPAs sat at the provincial level. Each TPA comprised two professional magistrates surrounded by people’s judges composed of CDR militants. TPAs were courts of appeal against any decision rendered by TPDs or TPCs. They rendered decisions not subject to appeal and ruled on infractions requiring application of the penal code.
iv. TPD tribunal arbitrator judges must be intermediate councillor delegates (ICD) presenting the list of 125 delegators criminally co-responsible for their acts.
Note on TPDs (Departmental Popular Tribunals): TPDs could render judgments. They also had the capacity to impose fines not exceeding 200,000 CFA francs. However, they were not authorized to pronounce prison sentences. Thus they were only competent for minor labor disputes. Civil registry management was also devolved to them: birth certificates, identity documents, residence certificates, and others. Judges were elected by the departmental CDR committee except for the president and deputy, appointed by the Minister of Justice. Note that a TPC in a sector in the city of Ouagadougou had its competencies extended to those of a TPD.
v. TPC tribunal conciliator judges must be base delegates presenting the list of 25 delegators criminally co-responsible for their acts.
Note on TPCs (Conciliation Popular Tribunals): TPCs were to result from conciliation attempts in situations disturbing social life. For example, family quarrels, neighborhood disputes, speculation on prices of basic necessities. Sanctions pronounced consisted of performing work of common interest. They were also declared competent to settle disputes whose stakes did not exceed fifty thousand francs. When TPCs could not find a conciliation or when the matter was very delicate, they referred to TPDs which ruled.
vi. TPC tribunal assistant conciliators must be base intermediate delegates (BID) presenting the list of 5 delegators criminally co-responsible for their acts.
9.b Every delegate from councillor delegate and above must approve the justice delegates in their pyramid of delegators:
i. Every councillor delegate (justice or not) must approve 2 base justice delegates and 6 BID assistant justice delegates.
ii. Every deputy delegate (justice or not) must approve 2 councillor justice delegates and 10 ICD justice delegates.
iii. Every national delegate (justice or not) must approve 2 deputy justice delegates and 10 IDD justice delegates.
9.c Every delegate must ensure the installation of justice delegates corresponding to their status:
i. Every councillor delegate (justice or not) must help install a TPC in their zone and receive 2 base justice delegates and 6 BID assistant justice delegates.
ii. Every deputy delegate (justice or not) must install a TPA and receive councillor justice delegates and 10 ICD justice delegates.
iii. Every national delegate (justice or not) must help install a TPD in their zone and receive 2 deputy justice delegates and 10 IDD justice delegates.
Article 10
The five sectors of intervention assigned to commissions are divided into sub-commissions. Each sub-commission is coordinated by a coordinator designated in commission and validated by the committee or the executive bureau of that committee.
Article 11 – Pedagogy Commission Sub-commissions
11.a Revolutionary literacy sub-commission
11.b Revolutionary arithmetic and philosophy sub-commission
11.c Ancestral knowledge sub-commission (physics, biology, humanology)
11.d New technologies promotion sub-commission
11.e Information and revolutionary dissemination sub-commission
11.f Artistic and cultural activities sub-commission
11.g People’s investment promotion and treasury sub-commission
Article 12 – Health Commission Sub-commissions
12.a Physical activities and prevention sub-commission
12.b Daily therapy sub-commission
12.c Ancestral knowledge collection sub-commission
12.d Surgery, diagnostics, and intensive care sub-commission
Article 13 – Economy and Finance Commission Sub-commissions
13.a Infrastructure and communication development sub-commission
13.b Crafts, industries, agro-pastoral development sub-commission
13.c Finance and commerce sub-commission
13.d Visitor reception sub-commission (egalist tourism and hospitality)
Article 14 – Security, Protection, and Defense Commission Sub-commissions
14.a Human and ecological protection sub-commission (former police + fire and minor incident tasks)
14.b Investigations, investigation techniques and resources, and scientific investigation research sub-commission
14.c Human and ecological defense sub-commission (military tasks + high-severity fires)
Article 15 – People’s Justice Commission Sub-commissions
15.a Knowledge assistance and rule application sub-commission
15.b Judge organization and training sub-commission
15.c Scientific research and jurisprudence sub-commission
Article 16 – Establishments
Establishments (schools, hospitals, barracks, etc.) are under the authority of commissions corresponding to their sector.
16.a A management commission is designated to manage each establishment.
16.b In the case of security and health establishments, hierarchical leadership structures are put in place by the health commissions of city committees.
16.c These hierarchical structures shall obviously be determined by the statuses of the officials.
16.d Should a committee wish to place a delegate who does not have the corresponding status in a position of responsibility, it shall be necessary to wait until a sufficient number of delegators have been recruited by the delegate in question before they can take charge of the mission entrusted to them.
16.e In the particular case of pedagogical structures, the management commission shall be composed of base delegates designated by students and teachers without any distinction of responsibility.
IV. TRANSITIONAL MODALITIES
Within the framework of the process of building these institutional structures, particular modalities might be admitted.
Article 1 – Case of a High School in an Unstructured Zone
1.a A high school of 700 students located in an unorganized city:
The 700 students shall designate 140 BID (base intermediate delegates) (1 per 5) and 28 base delegates.
There shall thus be 28 base delegates, 28 base scribes, and 84 assistants. These functions shall be distributed among 4 statuses.
SUPPLEMENT – Example
625 persons shall create 25 CDRs (Defense of the Revolution Committees).
625 shall become delegators and designate base delegates, scribes, and assistants. They shall number 125.
Distribution by function:
40% pedagogy delegates
32% health delegates
20% security delegates
8% justice delegates
For 625 delegators, this gives:
10 base delegates – pedagogy
8 base delegates – health
5 base delegates – security
2 base delegates – justice
With 1 scribe accompanying each base delegate:
10 scribes – pedagogy
8 scribes – health
5 scribes – security
2 scribes – justice
And for each base delegate, 3 assistants:
30 assistants – pedagogy
24 assistants – health
15 assistants – security
6 assistants – justice
Summary table:
Pedagogy: 10 delegates + 10 scribes + 30 assistants = 50 total
Health: 8 delegates + 8 scribes + 24 assistants = 40 total
Security: 5 delegates + 5 scribes + 15 assistants = 25 total
Justice: 2 delegates + 2 scribes + 6 assistants = 10 total
GRAND TOTAL: 25 delegates + 25 scribes + 75 assistants = 125
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