Tuesday, February 28, 2012

The Levantine Union (LU)

1. MISSION STATEMENT
1.1. The mission of the Levantine Union is the ultimate achievement of peaceful coexistence of all the peoples of the Levant including both the Israeli and Palestinian peoples. It involves the peaceful resolution of conflicting religious, historic, and social views, and the integration of national activities for the common good.
2. OBJECTIVES
1.2. The objective of this action plan is the establishment of a social and political structure that will satisfy the needs of the majority of the Middle Eastern peoples.
1.3. The pathway for implementation will be planned as a step by step progression from the here-and-now towards the final solution, and
1.4. will include an adjustable time schedule with key milestones and key performance indicators (KPI) to track progress.
3. THE NAME
1.5. The choice of the name Levantine Union is based on a number of considerations:
• Middle East is a reference to a local East of Europe, and the name of the region should rather have an independence.
• A collective name rather than a reference to a particular people should be preferable, such as the Levant akin with Scandinavia, or European Union, or the United Kingdom, or even Germany, all having separate states within them.
• The name Levant has been an historic reference to the area of the Middle East as well as parts of North Africa.
• The Levant means “rising”, and while it originally referred to the rising sun or East, it can also be interpreted as a reference to humanity’s arising into civilisation through the origins of agriculture and urban living and organisation into government that occurred in the region 8,000 years ago.
• Rather than using a “finite” reference to two countries, which may not encourage expansion, a regional reference may inspire other countries to want to participate.
4. A FIRST STEP
1.6. A first step for the larger Levantine Union will be the resolution and unification of two or three countries.
1.7. It will act as a ground breaker for the future.
5. OVERALL STRUCTURE
1.8. States with an overall federal government
1.9. The federal government, the Levantine Union (LU), has overall sovereignty and controls:
• International affairs
• Constitutional and human rights law
• Essential services
• Defence forces
• Fiscal policy and funding
1.10. Each state is sovereign, but relinquishes some autonomy for the LU.
6. CONSTITUTIONS
1.11. The LU, where each people have their own constitution.
1.12. The Principles of the LU Constitution
• “The constitution expresses our understanding of ourselves as a democratic nation.”
• The constitution is an agreement, a social contract , among peoples about what powers would be granted to the new federal parliament of the Levantine Union and how they should be exercised.
• The constitution for the LU is the story of the decades of tumultuous years (1945–2016) leading to the creation of the constitution, the people, the conventions, the arguments, the passion and the politics.
• The constitution protects the rights and obligations of the citizens, and represents the set of secular democratic rules and principles, as agreed by the citizens, that define the nature and delegated power of the federal parliament. These values and principles should agree with those of the international community, such as the United Nations, in order for the LU to attain a respected place in the world. They include equality of gender, human rights , and separation of church and state (which means that political parties cannot represent a religion), as well as the independence of the judiciary.
• The constitution regulates the relationship between the LU and the states and its own institutions such as the Council and the Commission. In a basic sense it sets the relationship between the executive, legislature and the judiciary, but also the relationship of institutions within those branches, such as its executive agencies and civil service/bureaucracy.
• The constitution also defines the relationship between the citizens and the LU and states, and establishes the rights and responsibilities of individual citizens. It is thus the most basic law of the territory from which all the other laws and rules are hierarchically derived.
• The constitution prescribes the way the High Court of Justice functions independently from government.
1.13. National Constitutions of the States
• The national constitutions are hierarchically dependent on the federal constitution
• Each state’s constitution sets the rules and principles that define the nature and extent of the government of the state. It regulates the relationship between institutions of the states, in a basic sense the relationship between the executive, legislature and the judiciary, but also the relationship of institutions within their branches. For example, executive branches can be divided into a head of government, government departments/ministries, executive agencies and a civil service/bureaucracy.
• Each state’s constitution also defines the relationship between citizens and the state, and to establish the broad rights of individual citizens. It is thus the most basic law of the state from which all the other laws and rules are hierarchically derived.
7. THE STRUCTURE OF THE LU
1.14. Parliament of the LU
• Members of the federal parliament (MFPs) are elected by the citizens of each country on the basis of “First past the Post”.
• The number of MFPs representing each country will be the same irrespective of the size of the population, but will be no fewer than 6 nor more than 12 MFPs each.
• They are grouped by political affiliation, not by nationality. No religious parties are permitted, and whether a political party represents a religion or not is decided by the electoral commission, or on appeal by the High Court of Justice.
• The federal parliament passes laws in many areas, including consumer protection and the environment.
• Parliament works together with the Council (representing national governments) to decide on the content of federal laws and officially adopt them.
• Parliament must also give its permission for other important decisions, such as allowing new countries to join the LU.
• The federal parliament exercises influence over other federal institutions in several ways. When a new Commission is appointed, its members, six from each state, cannot take up office until parliament has approved them. If the members of the federal parliament disapprove of a nominee, they can reject the entire slate. Parliament can also call on the Commission to resign during its period in office. This is called a 'motion of censure'.
• Parliament keeps check on the Commission by examining reports it produces and by questioning Commissioners. Its committees play an important part here. MFPs look at petitions from citizens and set up committees of inquiry.
• When national leaders meet as the Council, parliament gives its opinion on the topics on the agenda.
• Parliament adopts the LU’s annual budget with the Council. Parliament has a committee that monitors how the budget is spent, and every year passes judgement on the Commission's handling of the previous year's budget.
1.15. LU Council
• The Council is a summit of the national leaders.
• The LU Council brings together the heads of state or government of every LU country, the Commission President and the Council President, who chairs the meetings. The LU’s High Representative for Foreign Affairs and Security Policy also takes part.
• It nominates the President of the Commission for a limited term of one year on a revolving basis. The Council also appoints the other Commissioners in agreement with the nominated President.
1.16. LU Commission
• The Commission is one of the main institutions of the LU.
 It acts as a think tank,
 It performs a similar duty to that of a senate as a place of review,
 represents and upholds the interests of the LU as a whole,
 drafts proposals for new federal laws, and
 manages the day-to-day business of implementing federal policies and spending federal funds.
• The LU Commission is the LU's executive body and represents the interests of the LU as a whole (as opposed to the interests of individual countries).
The term 'Commission' refers to both the college of commissioners and the institution itself. The Commission also has offices known as 'representations' in all LU member countries.
• The Commissioners, 6 from each state, provide the Commission’s political leadership during their 5-year term. Each Commissioner is assigned responsibility for specific policy areas by the President.
• In office, they remain accountable to Parliament, which has sole power to dismiss the Commission.
• The day-to-day running of the Commission is taken care of by the Commission’s staff, such as administrators, lawyers, economists, translators, interpreters, secretarial staff, etc. organised in departments known as Directorates-General.
• The Commission enforces federal law together with the High Court of Justice.
• The Commission representing the LU internationally, for example, by negotiating agreements between the LU and other countries.
• The Commission has the 'right of initiative' – it can propose new laws to protect the interests of the LU and its citizens. It does this only on issues that cannot be dealt with effectively at national, regional or local level (subsidiarity principle).
• When the Commission proposes a law, it tries to satisfy the widest possible range of interests. To get the technical details right, it consults experts through various committees and groups. It also holds public consultations. The Commission’s departments produce a draft of the proposed new law. If at least 50%+1 of the Commissioners agree with it, the draft is then sent to the Council and Parliament. After debating and amending the draft, they decide whether to adopt it as a law.
• With the Council and Parliament, the Commission sets broad long-term spending priorities for the LU in the 'financial framework'. It also draws up an annual budget for approval by Parliament and the Council.
• The Commission’s management of the budget is scrutinised by the Court of Auditors.
• As 'Guardian of the Treaties', the Commission checks that each member state is applying federal law properly. If it thinks a state is failing to apply federal law, the Commission first sends an official letter asking the state to correct the problem. As a last resort, the Commission refers the issue to the High Court of Justice. The Court can impose penalties, and its decisions are binding on the states and institutions.
• The Commission speaks on behalf of all LU and states in international bodies like the World Trade Organisation. It also negotiates international agreements for the LU such as aid and trade between the LU and developing countries in other regions.
1.17. The High Court of Justice
• The High Court of Justice has two judges per state or a minimum of five. The Court is helped by eight ‘advocates-general’ whose job is to present opinions on the cases brought before the Court. They must do so publicly and impartially. Each judge and advocate-general is appointed for a term of six years, which can be renewed. The governments of the states agree on whom they want to appoint.
• To help the High Court of Justice cope with the large number of cases brought before it, and to offer citizens better legal protection, a ‘General Court’ deals with cases brought forward by private individuals, companies and some organisations, and cases relating to competition law.
• The High Court of Justice interprets federal law to make sure it is applied in the same way in the LU and the states. It also settles legal disputes between the federal government and federal institutions. Individuals, companies or organisations can also bring cases before the Court if they feel their rights have been infringed by a federal institution.
1.18. Other federal bodies will include the central bank, the electoral commission, and the federal defence forces.
8. THE STRUCTURE OF THE TWO STATES
8.1. Government
• Each country will have its own constitution and government, with a parliament consisting of a lower house and a senate or upper house.
• The members of both houses of parliament (MPs) are elected by citizens of 18 or more years of age every 4 years.
• The electoral system for the lower house of parliament will be First Past the Post.
• Half of the members for the senate (Senators) are elected simultaneously with the lower house elections, and the other half two years later.
• The electoral system will be Optional Preferential.
• The number of MPs and Senators will at first be the same in each country. The area or the division for each MP will have the same number of eligible electors, and its boundaries are adjusted by the Electoral Commission from time to time as the population changes. In the beginning there will be 30 MPs and 15 Senators per country.
8.2. Institutions
• Each country has its own institutions such as law courts, police, electoral commission, health services, and local municipal councils.
8.3. Boundaries
• Boundaries between the states will be administrative borders only, which means that the citizens of all countries can move freely across these borders, can settle in any member country, and have free interstate trade,
• Citizens will be subject to the laws of the country where they live, but remain part of their own country’s electorate.
8.4. Refugees
• Because of free movement between the states there will be no refugees, and the Diaspora will have immediate citizenship of their original country.
• The citizenship will remain that of their home country, unless they change citizenship or, until sometime later, when there will be an LU citizenship and passport.
8.5. Essential services
• Water must be equally available to all citizens,
• Power availability and distribution must be equitable,
• Waste disposal and recycling are important for health,
• Health Services,
• Police.
8.6. Town Planning
• The restructuring of society associated with the removal of physical boundaries and checkpoints, allowing free movement of citizens, and the expected influx of refugees, will require:
 Forecasting of expected changes in population growth and socio-economic integration,
 The effect on local communities caused by likely internal population movement,
 Provision of land-use to serve industry, education, and social integration beneficially.
• Considerable social stress must be expected and considered as a result of the historic changes planned in this project.
8.7. Defence forces
• Existing military forces will have to be integrated into one defence force.
• It will be under the control of the Levantine Union parliament.
9. THE PROCESS
9.1. By the time a popular poll has been taken to selected this plan as the preferred plan, the implementation will start.
9.2. On the ground implementation of the plan will involve the widest possible representation and number of all peoples. It will require leadership and moderating.
• A process of partnering will support cooperation and can be monitored. It involves an initial commitment by all stakeholders to work for and stay the distance to achieve the mission and objectives of the project for the common good.
• It will involve a conscious act of reconciliation , which brings the negotiations down to the human rather than political level.
• The next step will be the beginning of the “business end” of the process.
 Setting up a panel of selected individuals from all peoples and internationals to establish the detailed wording of the LU constitution, as this will be the overall driver for all the remaining decisions that will follow in its path.
 This will be an open and consultative process to retain the public’s ownership of the project, and will include the dispensing of appropriate updating information.
 It will need working-parties answerable to the central team involving more people to look at specific detail of the constitution as required.
9.3. Time schedule
• The teams will prepare ae schedule with key milestones and key performance indicators (KPI).
• The teams prepare the final draft for the structure of the Union in detail.
• It will be publicised and put to a vote together with other plans to select The Best Plan.
• Establish the panel for developing the wording of the LU constitution.
• Parallel and in cooperation with the LU panel there will be one other panel to work on the constitutions for the states.
• Start a process of town planning in order to establish the risks and opportunities associated with the implementation of creating the new versions of the existing states and the LU.
• These documents will have been compiled in English, and translated into all relevant languages.
• The document will also contain brief outlines of the laws to be promulgated by each parliament, once the LU and the states have been established in accordance with the constitutions.