Title 2 addresses national sovereignty
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TITLE 2
NATIONAL SOVEREIGNTY
Chapter 1: Declaration of Sovereignty
1.0 The Metis Nation of the South declares that it is an independent and sovereign indigenous nation with all rights, duties, privileges, and obligations thereof.
1.1 The Metis Nation of the South claims that area of the North American continent commonly referred to as southern Canada, the United States, and northern Mexico as its' original ancestral homeland; as an integral component of the society and structure of the Metis People who historically emerged within that area.
1.1.1. The Metis Nation of the South supports and encourages the further development of alliances which are based upon, and in mutual support of, the common culture, heritage, and traditions of the various sovereign Metis and other Indigenous Nations and allied organizations within their mutual ancestral homeland.
1.2 Within its' ancestral homeland, the Metis Nation of the South claims that area of the North American continent commonly referred to as the United States as its' non-exclusive territory; within which it peacefully co-exists with the government of the United States and its political subdivisions. The Metis Nation of the South shall not infringe upon any specific territory exclusively claimed by any other sovereign Metis or other Indigenous Nation within that territory.
1.2.1. The Metis Nation of the South is a member of the US Metis Alliance which exists to provide mutual support and assistance in the accomplishment of the common goals and activities of the sovereign Metis nations and allied Metis organizations that exist within that area of the North American continent commonly referred to as the United States.
Chapter 2: Definitions
2.0. The Metis Nation of the South has adopted the following definitions.
2.0.1. Aboriginal
2.0.1.1. Belonging to the first or Indian nations or residents since ancient times.
2.0.2. Genocide:
2.0.2.1. The deliberate and systematic destruction of a racial, political, or cultural group.
2.0.2.2. "Generally speaking, genocide does not necessarily mean the immediate destruction of a nation, except when accomplished by mass killings of all members of a nation. It is intended rather to signify a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves. The objectives of such a plan would be the disintegration of the political and social institutions, of culture, language, national feelings, religion, and the economic existence of national groups, and the destruction of the personal security, liberty, health, dignity, and even the lives of the individuals belonging to such groups. Genocide is directed against the national group as an entity, and the actions involved are directed against individuals, not in their individual capacity but as members of a national group."
2.0.3. Indigenous
2.0.3.1. A distinct and unique culture or peoples arising in or from a specific area or territory.
2.0.4. Jural
2.0.4.1. Having to do with the basic or fundamental laws of rights and obligations. Describes legal rather than moral rights and obligations.
2.0.5. Metis
2.0.5.1. An indigenous people whose genetic heritage includes aboriginal and non-aboriginal bloodlines;
2.0.5.2. An indigenous people whose individual family's oral and/or written history and traditions affirm and embrace the traditional cultural or social ethos, mores, and practices of the Metis Peoples; and/or,
2.0.5.3. An indigenous peoples whose members individually consider themselves to be Metis and who are accepted as such by the culture and society of the Metis Peoples.
2.0.5.4.The Metis include the Mestizo, Melungeon, Bemdineek, and other linguistic variations of the term Metis or people who meet the description of the concepts inherent in this definition.
2.0.6 Nation
2.0.6.1. A people, or aggregation of men, women, and children, existing in the form of an organized jural society, usually inhabiting a distinct portion of the earth, speaking the same language, using the same customs, possessing historic continuity, and distinguished from other like groups by their racial origin and characteristics, and generally, but not necessarily, living under the same government and sovereignty.
2.0.7. Sovereign people
2.0.7.1. The political body, consisting of the entire number of citizens and qualified electors, who, in their collective capacity, possess the powers of sovereignty and exercise them through their chosen representatives.
2.0.8. Sovereignty
2.0.8.1. The supreme, absolute, and uncontrollable power by which any independent state is governed; supreme political authority; the supreme will; paramount control of the constitution and frame of government and its administration; the self-sufficient source of political power, from which all specific political powers are derived; the international independence of a state, combined with the right and power of regulating its internal affairs without foreign dictation; also a political society, or state, which is sovereign and independent.
2.0.8.2. The power to do everything in a state without accountability, to make laws, to execute and to apply them, to impose and collect taxes and levy contributions, to make war or peace, to form treaties of alliance or of commerce with foreign nations, and the like.
2.0.8.3. Sovereignty in government is that public authority which directs or orders what is to be done by each member associated in relation to the end of the association. It is the supreme power by which any citizen is governed and is the person or body of persons in the state to whom there is politically no superior. The necessary existence of the state and that right and power which necessarily follow is "sovereignty." By "sovereignty" in its largest sense is meant supreme, absolute, uncontrollable power, the absolute right to govern. The word that by itself comes nearest to being the definition of "sovereignty" is will or volition as applied to political affairs.
2.0.9. State
2.0.9.1. A people permanently occupying a fixed territory bound together by common-law habits and custom into one body politic exercising, through the medium of an organized government, independent sovereignty and control over all persons and things within its boundaries, capable of making war and peace and of entering into international relations with other communities of the globe.
Chapter 3. Historical Basis
3.0. The Metis Nation of the South declares that its' claim to status as an independent and sovereign, indigenous nation is based upon valid and historically accurate facts.
3.1. General History of the Metis People.
3.1.1. Multi-disciplinary scholarly, scientific, and forensic medical research, validated by the oral histories of numerous aboriginal peoples, has conclusively shown that various foreign cultures have had contact with, and established residence among, the aboriginal peoples of the Western Hemisphere ranging into the distant past, long prior to the onset of colonization of this region of the world by foreign states and powers.
3.1.2. Archeological, anthropological, and forensic medical research has conclusively shown that intermarriages between these diverse cultures resulted in mixed-blood progeny that blended the two genetic ancestries as well as the cultural and social heritages of both.
3.1.2.1. The unique blending of the cultures and traditions of the mixed-bloods' diverse ancestries established them as a living bridge between the cultures. During the pre-colonial period, they developed new languages (such as Acadian/Cajun, Canadien, Mexicano, and Michif) to facilitate communications between different peoples, they developed unique artistic forms (such as rose beading and unique styles of clothing, dance, and music) that expressed the diverse nature of their heritages. Thus, while coexisting with the people of their ancestral heritages, the various mixed-bloods evolved a common set of cultural and social patterns of their own which established them as a separate people.
3.1.3. Scholarly and scientific research has shown conclusively that during the colonization period the rate of cultural intermarriage greatly accelerated resulting in a rapid growth in the population of mixed-blood descendants. It was during this period that linguistic variations of the word 'mixed' (such as Metis and Mestizo) began to be applied by and to them.
3.1.3.1. During this time, drawn together by their increasingly separate culture, the mixed-bloods began establishing their own villages and settlements, their own governments and laws, and their own economies. They began selling their traditional skills as hunters and trappers; merchants and fur traders; translators, guides, and emissaries. They helped to forge many of the original treaties between the colonial, and later the various federal, governments and the aboriginal nations. Having earlier established a separate cultural identity, the formation of their own governance, territories, and economies established the Metis as a sovereign people.
3.1.4. The historical record substantiates that, with the conclusion of the colonization period of the Western Hemisphere by foreign powers and the onset of the 'nation-building' period by the states now extant on the North and South American continents, a policy of genocide was instituted against the indigenous populations.
3.1.4.1. Many Metis stood side-by-side with their aboriginal relatives as treaty after treaty was broken and military campaigns were brought to bear against the indigenous peoples. A policy of assimilation was instituted and a campaign begun to cause the aboriginal populations to disavow and disenfranchise their mixed-blood members or risk annihilation. This process led to the Metis being summarily stripped of their rights and benefits, leaving them without status in either culture, and establishing them as an independent people.
3.1.5. Based upon their aboriginal bloodlines, the Metis could never have existed anywhere but the Western Hemisphere. Forced by circumstances over which they historically have had little or no control, the Metis banded together for mutual support and formed the Metis Nation. While the Metis consists of differing ethnic, political, and cultural sub-groups which are individually based upon the specific combinations of progenitor aboriginal and foreign peoples and cultures, these sub-groups have more in common with each other than with other non-Metis peoples. Thus, Metis Nation exists as an independent and sovereign, indigenous people.
Chapter 4. Legal Basis
4.0. The Metis Nation of the South declares that it derives its' sovereign rights from, and conducts its affairs in accordance with, international and extra-national law.
4.0.1. The provisions of Chapter 5 of this Title shall apply to all international and extra-national laws referenced in this Chapter.
4.1. The Metis Nation of the South hereby adopts and incorporates the following international laws, in their entirety:
4.1.1. Documents promulgated by the United Nations
4.1.1.1 The Charter of the United Nations
4.1.1.2. The Universal Declaration of Human Rights
4.1.1.3. Vienna Convention on Diplomatic Relations
4.1.1.3.1. Optional Protocols to the Vienna Convention on Diplomatic Relations
4.1.1.4. Declaration on the Granting of Independence to Colonial Countries and Peoples
4.1.1.5. International Covenant on Economic, Social, and Cultural Rights
4.1.1.6. International Covenant on Civil and Political Rights
4.1.1.6.1. Optional Protocols to the International Covenant on Civil and Political Rights
4.1.1.7. Draft Declaration on the Rights of Indigenous Peoples
4.1.1.8. Draft Declaration on Rights and Duties of States
4.1.2. Documents promulgated by the International Labor Organization
4.1.2.1. Convention concerning Indigenous and Tribal Peoples in Independent Countries
4.1.3. Documents promulgated by the Organization of American States
4.1.3.1. Charter of the Organization of American States
4.1.3.1. American Declaration of the Rights and Duties of Man
4.1.3.1. American Convention on Human Rights
4.1.3.1.1. Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social, and Cultural Rights
4.1.3.1. Draft of the Inter-American Declaration on the Rights of Indigenous Peoples
4.2. The Metis Nation of the South reaffirms its' sovereign rights within its' ancestral homeland under the following extra-national documents.
4.2.1. The Constitution, Statutes, and Treaty obligations of the Canadian Federation
4.2.2. The Constitution, Statutes, and Treaty obligations of the United States of America
4.2.3. The Constitution, Statutes, and Treaty obligations of the Republic of Mexico
Chapter 5. Foreign Statutes
5.0. The adoption of any foreign law or other document into this Code by reference or incorporation shall not constitute a waiver or cessation of any sovereign power of the Metis Nation of the South to the jurisdiction whose law is adopted, nor shall it in any way diminish such sovereign power, but shall result in the law becoming the law of the Metis Nation of the South.
5.0.1. Whenever a law or other document of another jurisdiction is adopted by reference or incorporation as a law of the Metis Nation of the South, the omission of any part of that law from the portion adopted shall not be construed as a negative statement regarding the principles embodied in the omitted part, unless such a negative statement is expressly made.
5.0.2. Whenever a law or other document of another jurisdiction is adopted by reference or incorporation as a law of the Metis Nation of the South, the decisions of the courts of that jurisdiction interpreting such law or other document shall not be binding on the Judicial Tribunals and/or Courts of the Metis Nation of the South unless this Code expressly so provides, but shall be considered as merely advisory.
Chapter 6. Diplomacy and Extra-Governmental Relations
6.0. The Metis Nation of the South declares its' sovereign right to engage in diplomatic and other extra-governmental relations with other nations, groups of nations, social, cultural, and other organizations, groups, and entities; and that these activities are vital to the affairs and reputation of Metis Nation of the South.
6.0.1. All diplomatic relations shall be conducted pursuant to the Vienna Convention on Diplomatic Relations and optional protocols thereto, and other relevant international laws, covenants, conventions, declarations, and protocols.
6.1. Pursuant to the Constitution of the Metis Nation of the South, the National Chairman, or his designated representative, is the designated spokesperson, contact, and chief negotiator on behalf of the Metis Nation of the South.
6.1.1. All international treaties, agreements, and other documents to which the National Chairman serves as a signatory shall be subject to ratification by the National Council, unless said ratification authority has been expressly delegated to the National Chairman in the legislation authorizing the negotiation of a specific document or set of documents. Said delegation shall not be construed as extending to any document or set of documents not implicitly allowed by the authorization legislation.
Chapter 7. Emergency Powers Act
7.0. The Metis Nation of the South, having declared that it is an independent and sovereign nation, and having further declared that its' goal is peaceful co-existence and the establishment of harmonious relations with the various states and nations with whom it shares common territory and ancestral homeland, affirms that it shall conduct its affairs and promote the tenets of these declarations in accordance with the spirit and provisions of all applicable international laws and treaties.
7.1. The Metis Nation of the South shall utilize all legal and internationally accepted means to protect its' citizens, and the citizens and/or members of its allies and treaty co-signatories, in the event of a national emergency.
7.2. A national emergency shall exist under, but not limited to, the following conditions:
7.2.1. the enactment of legislation, rules, procedures, or other legal document(s) by a foreign state or nation which seeks to abridge the independence, sovereignty, or other rights of the Metis Nation of the South or of one or more of its allies or treaty co-signatories;
7.2.2. the declaration or de facto existence of a state of war by any foreign state or nation against the Metis Nation of the South or of one or more of its allies or treaty co-signatories;
7.2.3. the occurrence of a natural or man-made disaster which negatively impacts a wide area or a significant population; and/or
7.2.4. the occurrence of any other event or situation which requires the national mobilization of the resources or efforts of the government of the Metis Nation of the South or its citizens.
7.3. Upon the onset of one or more of the conditions enumerated in Sub-Chapter 7.2, it shall be the duty and responsibility of the National Chairman to issue a written "Declaration of National Emergency."
7.3.1. Said Declaration shall consist of the following Sections:
7.3.1.1. The title shall be "A Declaration of National Emergency;"
7.3.1.2. The 'Effective Date' upon which the provisions of the Declaration shall begin;
7.3.1.3. The 'Authority' under which the Declaration has been issued under national and international law;
7.3.1.4. 'Description' of the national emergency which shall consist of three (3) parts:
7.3.1.4.1. Identification - describes the conditions of the National Emergency,
7.3.1.4.2. Operations Plan - what needs to be done to deal with the emergency,
7.3.1.4.3. Resolution/Recovery Plan - how the Nation will recover from and move beyond the emergency;
7.3.1.5. 'Expansion and/or Limitations of Duties and Responsibilities' of all elected officials and employees of the Metis Nation of the South for the duration of the state of emergency;
7.3.1.6. 'Description and Allocation of Resources' of the Metis Nation of the South;
7.3.1.7. 'Other Information' pertinent to the situation; and,
7.3.1.8. 'Revocation Date and/or Conditions' under which the Declaration shall be revoked.
7.4. The National Chairman shall immediately utilize all means and national resources as may be available to call the National Emergency Council to convene.
7.4.1. The National Emergency Council shall consist of the duly elected or appointed members of:
7.4.1.1. the National Council, 7.4.1.2. the Elders' Council,
7.4.1.3. the Women's Council,
7.4.2. It shall be an inherent duty and obligation of every elected and appointed official who is subject to inclusion on the National Emergency Council to utilize all means and resources available to them to convene when duly notified of a legitimate call to do so.
7.4.3. Upon convening, the first order of business of the National Emergency Council shall be the review, amendment (if needed), and ratification of the "Declaration of National Emergency."
7.4.3.1. Said Declaration shall be subject to ratification by a 2/3 majority of the convened members of the National Emergency Council.
7.4.3.2. Ratification of the "Declaration of National Emergency" by the National Emergency Council shall be in the form of a Resolution of a State of Emergency to which the Declaration shall be attached and included by reference and shall include such other provisions, guidelines, and policies as may be determined by the National Emergency Council.
7.4.4. The National Emergency Council shall thereafter serve as the legislative body of the Metis Nation of the South for the duration of the emergency.
7.4.4.1. The National Emergency Council shall, by 2/3 majority vote of all convened members, be entitled to amend or suspend any Title or Titles of the Codes of Law of the Metis Nation of the South; except that Title 3 of these Codes shall not be amended or suspended, nor shall any of the inherent human and civil rights protected under Title 3 be abridged or violated in any way.
7.4.4.1.1. Amendments or suspensions of any Title or Titles of the Codes of Law of the Metis Nation of the South under this Act shall revert to their original wording and/or status upon termination of the state of emergency
7.5. In the event that the national emergency is of such scope, proportions, or extraordinary nature that it is impossible for the National Emergency Council convene in any forum, the National Chairman shall be responsible for maintaining the continuity of government until such time as the National Emergency Council can convene.
7.5.1. The National Chairman, upon completion of the Declaration described in Paragraph 7.3. of this Chapter, shall issue a Proclamation of a State of Emergency that shall function to implement the Declaration under executive authority.
7.5.1.1. The policies and procedures of Sub-Chapter 7.4 shall be implemented as soon as possible.
7.5.2. Emergency authority and powers of the National Chairman shall be limited to the minimum possible use of power, authority, and resources to meet the needs of the situation.
7.5.2.1. Constitutional and statutory rights, authorities, responsibilities, and limitations will be abridged to the minimal degree possible, and restored at the earliest possible time; however, at no time shall any of the inherent human or civil rights protected under Title 3 of these Codes be abridged or violated in any way.
7.5.3. The National Chairman shall be held accountable to the National Emergency Council and the members of the Metis Nation of the South for all decisions and actions taken in implementation of the Declaration under executive authority.
7.6. The Judicial Appeals Tribunal shall continue to function in accordance with its' Constitutional and Statutory duties and responsibilities during the National Emergency and shall also serve in an oversight and review capacity for the purposes of this Chapter.