HeLA Democracy
HELA NATION OF HELADIVA
Separation of the powers
Fundamentally, each legislature (local, regional and national) and the Executive are independent of each other as is the Judiciary. In addition to this, the following safeguards are necessary to maintain a system free from possible corruption.
- In each Community Council the Counsel for Health and wellbeing (the Mayor) and the Counsel for the Treasury (the Treasurer) jointly Chair Community Council meetings. The Chair is rotated every month between these two Counsellors.
- Similarly, in the Regional Assemblies, the Chair is rotated each month between the appointed Governor and the Counsel for the Treasury (the Treasurer).
- Similarly, in the Supreme Council, the chair is rotated each month between the Counsel for Health and Wellbeing (the Prime Minister) and the Counsel for The Treasury (the Treasurer).
- Governors of Regional Assemblies (that are appointed by the Supreme Council) have no voting rights at their respective Regional Assembly. This is to preserve the independence of the Regional Assembly.
- The Supreme Counsel for the National Assembly has no voting rights at the National Assembly. This is to preserve the independence of the National Assembly.
- The Supreme Council (and not the Sovereign) appoints Judges to the Supreme Court.
- The Sovereign appoints the State Ombudsman, Children's' Ombudsman and the Judicial Ombudsman.
- All entities and individuals in the Hela Democracy are accountable to the Independent Council against Corruption and for Due Process (ICCDP)
In the Hela Democracy, power is shared and decentralised. No one individual has supreme power. In this way, opportunities for corrupt behaviour is minimised.
The Ombudsmen
The Hela Democracy adopts the concept of an Ombudsman (from the Swedish system). In the Hela System there are three Ombudsman: The State Ombudsman, The Judicial Ombudsman and The Children's Ombudsman. Ombudsmen are appointed by the Sovereign for a term of 6 years. (Ombudsmen candidates must demonstrate knowledge, skills and qualities against the selection criteria stipulated in the constitution).
The State Ombudsman takes independent action when the country's Constitution is deemed to be violated by internal laws, regulations, rulings and international treaties to which the country is a signatory. Where there is a conflict between such things and the Constitution, the State Ombudsman has the power to intervene and nullify such laws, regulations, rulings and treaties and restore the sovereignty to the constitution until such matters are resolved. The State Ombudsman also heads the National Electoral College (NEC) and the Regional Electoral Colleges (RECs) to ensure the electoral process is free and fair and that elections are executed according to the word and spirit of Constitution. The State Ombudsman also has the power to take independent action against individuals in government, their departments and agencies that engage in corruption, deception or denial of due process. The State Ombudsman may refer serious matters to the ICCDP.
The Judicial Ombudsman takes independent action against individuals of the judiciary (at all levels) and individuals of all law enforcement agencies who subvert the legal and judicial process and/or engage in corruption, deception or denial of due process. The Judicial Ombudsman may not, however, intervene in current court cases. The Judicial Ombudsman may refer serious matters to the ICCDP.
The Children's Ombudsman takes independent action against those (individuals or entities, both government and non-government) who violate children's rights, established under the UN Convention of the Rights of the Child. The Children's Ombudsman has the power to intervene in individual cases where gross injustices against the best interests of the child are evident. The Children's Ombudsman may refer serious matters to the ICCDP.
All Ombudsmen must also take proactive action to uphold their domains and also uphold the sacred Hela values of Humanity, Wisdom and Self-sufficiency that unite the community and the Hela Nation. All Ombudsmen are legally accountable to the Independent Council against Corruption and Due Process (ICCDP).
The Judiciary
Judges to the Supreme Court (the country's highest court) are appointed on merit by the Supreme Council for a term of 6 years. (Candidates must demonstrate knowledge, skills and qualities against the selection criteria stipulated in the constitution to be appointed). The Judiciary is otherwise independent and serves to:
- Uphold the rule of law and due process
- Uphold the Civil rights and Human rights of all People on the Island
- Uphold the sacred Hela values of Humanity, Wisdom and Self-sufficiency and uphold the sovereignty of the indigenous Hela Culture and the territorial integrity of Heladiva
The Judiciary is legally accountable to the Independent Council against Corruption and Due Process (ICCDP).
ICCDP - Independent Council against Corruption & for Due Process
The Independent Council against Corruption and for Due Process (ICCDP) is an appointed council that holds ALL people and entities in Heladiva legally accountable for corruption and denial of due process. (From the Sovereign to Supreme Counsellors, Ombudsmen, Judiciary, Representatives of all Community Councils, Representatives of all Regional Assemblies, Representatives of the National Assembly, Representatives of all Electoral Colleges, Representatives of all Government Agencies, Representatives of all Private enterprises, Representatives of all NGO's etc. and to individuals, companies and organisations in Heladiva).
The ICCDP consists of 12 counsellors. Half of the Council is appointed every 3 years, for a 6 year term. The same counsellor can be appointed for a maximum of two terms only. Appointees for the ICCDP must have been born in Heladiva or naturalised as citizens; and all must have lived in Heladiva continuously for at least 15 years. Appointees for the ICCDP must be persons of good standing without any criminal convictions in any jurisdiction. All appointees of the ICCDP are legally and morally accountable to the entities that appointed them. All appointees must uphold the Hela Values.
The 12 Counselors of the ICCDP
- Counselor appointed by the Sovereign
- Counselor appointed by the Supreme Council
- Counselor appointed by the National Assembly
- Counselor appointed by the Judiciary
- Counselor appointed by the Defense Forces
- Counselor appointed by the Maha Sanga
- Counselor appointed by the federation of Universities (must be a graduate, specialised in ethics)
- Counselor appointed by the Department of Education (must be a teacher of 10 years experience)
- Counselor appointed by the Medical Board (must be a doctor of 10 years experience)
- Counselor appointed by the Bar of Lawyers (must be a lawyer of 10 years experience)
- Counselor appointed by the federation of investigative Journalists (must be a journalist of 10 years experience)
- Counselor appointed by the three Ombudsmen
Appointments and logistics for the ICCDP is coordinated by the Ombudsmen's offices.