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That Train May Have Left the Station (II) By EC Ejiogu

February 5, 2012

Last week, sequel to the first instalment of my serialization of the Biafra Charter, which I received in the mail a little before Christmas last year, I returned to one of the elements in the Charter that I still find striking.  I am referring to the Authorization clause, which states in the third paragraph inter alia: “the Peoples of the Federation of Biafra have RESOLVED to actualize, renew, reaffirm and continue with the Declaration of Biafra Independence of May 30 1967, with all the implications thereof.”  From the very outset after I first read the Charter, I had wondered why the retrace by the Charter to specifically the day and year—May 30, 1967—when the Sovereignty of Biafra was first declared.  For someone who lacks legal training, my inability to wrap my brain around the legal implication and symbolism of that sent me to an expert in international law for help.

Last week, sequel to the first instalment of my serialization of the Biafra Charter, which I received in the mail a little before Christmas last year, I returned to one of the elements in the Charter that I still find striking.  I am referring to the Authorization clause, which states in the third paragraph inter alia: “the Peoples of the Federation of Biafra have RESOLVED to actualize, renew, reaffirm and continue with the Declaration of Biafra Independence of May 30 1967, with all the implications thereof.”  From the very outset after I first read the Charter, I had wondered why the retrace by the Charter to specifically the day and year—May 30, 1967—when the Sovereignty of Biafra was first declared.  For someone who lacks legal training, my inability to wrap my brain around the legal implication and symbolism of that sent me to an expert in international law for help.

 

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Behold, I was confounded by what I learnt from the expert.  According to her, Sovereignty once it has been declared exists in perpetuity. In international law, neither conquest, nor occupation talk less hegemony can erase Sovereignty after it has been declared.  The only factor that can erase a declared Sovereignty is the complete extermination of any distinct people that declared it.  In the absence of extermination, under international law, declared Sovereignty is solidly protected and if for any reason it goes into abeyance for whatever period, it can always be actualized, renewed, reaffirmed, and continued accordingly whenever the offshoot of the People who declared it resolve to so long as they still reside and occupy the homeland in de facto terms.  The symbolism and implication of the retrace in the Biafra Charter are therefore deep and serious.  They include the seriousness with which we must take the Charter and the men and women behind it.  They also imply that since the Igbo still exist and inhabit their homeland in de facto terms the Sovereignty, which they declared on May 30, 1967 as Biafra remains intact and can be revived at any time and day.  This revelation is bound to give Olusegun Obasanjo and co. sleepless nights henceforth.  The second instalment of the serialization of the Biafra Charter follows below:


I.    STRUCTURE of BPG:
The BIAFRA PROVISIONAL GOVERNMENT shall consist of 2 arms:

1.    A Biafra Government in Exile (BGIE), based outside of Biafra

2.    A Biafra Government within Biafra, to be known as “Biafra Shadow Government” (BSG)

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Both arms shall function in tight coordination, and in harmony, with the BGIE in the apex role.
II.    FUNCTION of BPG:

The sole function of BGIE and BSG is to carry out the Mandate of the BIAFRA PROVISIONAL GOVERNMENT as stated in the Biafra Authorization.

1.    BGIE shall respect existing laws of International hosting countries in furtherance of this Mandate.

2.    BGIE shall respect international laws dealing with Self Determination and Protection of Human Rights and rely in particular on the Geneva Conventions Protocol II.

3.    BSG will work with our people at home-in Biafra Territory; and in Nigeria (cognizant of the State of Nigeria’s occupational forces foisted over our people), to keep alive and project Biafra’s Sovereignty and Independence in accordance with the Mandate, and to mobilize, organize and manage our people for sociopolitical activism in order to carry out our resolve for Self Determination.
4.    At all times, BGIE and BSG functions are to be well-coordinated, harmonious, complementary and seamless.
5.    Following the liberation of Biafra from Nigeria, the Biafra Provisional Government (BPG) (consisting of BGIE and BSG together) shall form the nucleus of the TRANSITIONAL GOVERNMENT of Biafra (TGB), under the direction of the peoples of the Nation of Biafra, in order to conduct the governmental affairs of Biafra, guided by the Biafra Charter, for a period not exceed 4 years, during which Biafra puts formal structures in place to continue and to succeed as a Nation under a permanent Constitution of the Nation of Biafra.

III.    CONDUCT:
The conduct of the BIAFRA PROVISIONAL GOVERBMENT shall, at all times, adhere to the basic Principles and laws of the Biafra Charter.

IV.    TERM:
The term of the BIAFRA PROVISIONAL GOVERNMENT (BPG) shall last from now, May 30 2007 until Biafra is fully liberated from Nigerian occupation. Immediately after the full liberation of Biafra, the Biafra Provisional Government shall transform into the Transitional Government of Biafra (TGB) during which Biafra sociopolitical and civic structures shall be put in place, a period not to exceed four years. At the conclusion of that period, the Transitional Government of Biafra (TGB) shall, unconditionally, cease to exist; and shall be replaced by a duly constituted Government of Biafra, following a Constitutional Conference.

A.    The National Structure of Biafra

1.    The Structure of Biafra
Biafra shall be constituted of autonomous self-governing, self-regulating entities called “Provinces,” along with their respective populations, who have mutually decided and mutually chosen to create an umbrella governance system called “The Government of the Federation of Biafra,” otherwise known as “Biafra,” to which this participating Provinces give the power and authority, carried out through the instrument of properly and formally elected representation of the Provinces, to constitute such “The Government of the Federation of Biafra,” with all the implications of “Government” thereof; including:

a.    To represent, as a Nation, all the participating Provinces in all areas where such is required and is customary practice of modern Sovereign and Independent Nations, such as:
I.    Defense and National Security
II.    National Air Space and International Waters definition and management
III.    International Trade and Foreign Exchange Management
IV.    International Relationships and Diplomacy
V.    International Borders, Boundary Definition and Management
VI.    Citizenship and related issues, including Passport and Visas
VII.    Currency
VIII.    Census

b.    to make harmonized laws binding on all the Provinces and to apply and implement such laws uniformly among and within the Provinces;

c.    to ensure uniform citizenship rights of each and every Biafran citizen across and within the Provinces
d.    to construct and maintain physical and functional systems facilitating communication, education, healthcare, energy supply, trade, transportation and National culture among all the Provinces.

2.    The Participant Provinces
The concept, use and practice of “Provinces” is designed to ensure autonomy and respect for every group; to encourage the unhindered thriving of every group; to protect, preserve and respect the right of ownership and management by each group of its own natural, material and socio-cultural resources; and to ensure adequate and equitable representation both locally and at the National level, thereby retaining real power in the hands of the communities.

a.    The geographic sub-units qualifying as “Provinces” and the criteria to be used will be determined by the people of Biafra, conscious of functional capability, practicality and stability factors.
b.    There shall be 11 (eleven) Provinces unless and or otherwise amended by the peoples of Biafra.
c.    Membership of a Province shall be automatic for all native people and other residents of the Provincial community at the time of creation of the Province
d.    Residence within a Province for at least one year confers on one membership of the Province
e.    All rights of Citizenship of Biafra will be respected and enjoyed by all
f.    The Laws of Biafra shall take precedence over the laws of Provinces.

3.    Counties

Each Province shall be made up of Counties which are the equivalent of local government areas and function as such.

B.    The Charter Constituting The Government of the Nation of Biafra

1.    Preamble
We the Peoples of Biafra in praise to our God do hereby proclaim this government of Biafra by the power and authority of our common law founded in the expressed free will of our peoples. We do solemnly declare the promise of Biafra’s posterity and our common commitment to the freedom, happiness and fulfillment of ourselves and the generations of Biafrans to come.

Declaration of Principles:

Principle 1: It is a fundamental truth that all of Biafra’s peoples shall possess the first right of decision for the common good and each shall be respected with equal dignity.

Principle 2: The Biafra peoples possess the right of self-determination, and by virtue of that right freely choose a social, economic, political and cultural future according to their needs and customs.
Principle 3: The peoples of Biafra reserve to right to freely exercise their religious beliefs without coercion or expressed intolerance; and the government of Biafra shall not create or promote one religion over another; and neither shall the practice of bigotry, intolerance and or cruelty be condoned as a religious right.

Principle 4: The lands and natural wealth of Biafra shall belong to the respective peoples and communities of Biafra; and shall be secured to the peoples as individual private property and communal property; lands and natural wealth may be expressly conveyed (by the people) to the government of Biafra for development purposes and for the collective benefit of all Biafra’s peoples in accord with laws of the land

Principle 5: Each person possesses the fundamental right to information, knowledge and ideas; and to write, speak and otherwise express himself or herself freely; the Government shall make no law in principle or kind abridging these rights.

Principle 6: The government shall not enter property or dwellings or take personal property without authorization by locally elected community leaders or by a competent court of law

Principle 7: No people among Biafran peoples shall be denied their culture; each culture shall be fully respected under the law; and all cultures shall be held in the highest respect as equally valued
Principle 8: The first language of the government of Biafra shall be English, but each community may opt to conduct local government matters and decisions, trade and education in the local language, and such shall be respected.

Principle 9: All powers not specifically vested in the government of Biafra shall remain in the Biafran communities.
[To Be Continued] 

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