13. General Provisions


Section A - National Security
 
(1) (b) If a nation or a people proclaims war on the United States of Africa, the African people shall attempt to negotiate a peaceful resolution with that nation or those people. 

(b) Africa will take military action against any country or those people when it is impossible to enter into negotiation with them or in the event they do not take an offer of peace.
 
(2) Military power shall be subordinate to civilian authority. No soldier shall in peace time be quartered in any house without the consent of the owner, nor in wartime except in a manner to be prescribed by law.
 
(3) There shall be no foreign military bases on African soil and territorial waters.

(4) Armed and violent organizations which endanger the security of the African people are banned.
 
Section B - Preservation of Evidence

(1) Destruction of evidence is a crime punishable by at least two years in prison.

(2) All persons and organizations associated in any way with a matter which is or could be the subject of a probe, or who have reason to believe the information in their possession is linked to a matter which is, or could be, the subject of an investigation, must preserve all the materials, including documents and all other forms of information, in their possession till after the matter is formally resolved or closed.

Section C - Duty to Report Crime

(1) A witness who fails to report to the police a crime, or a matter he or she believes is a potential crime, shall serve a minimum of three months in jail.

(2) Giving fabricated evidence, or false information, to a public authority is a crime punishable by a minimum of six months in jail.

Section D - Cost of Incarceration

A person convicted and incarcerated for a crime shall reimburse all taxpayer money spent on their incarceration after completing their incarceration. All ex-convicts shall start reimbursing the cost of their incarceration six months upon release from prison or jail. For this purpose, their assets, including bank accounts, income and real estate, will be subject to confiscation.

Section E - Immigration

(1) (a) All foreign nationals seeking to visit the United States of Africa must obtain a visitor permit from the African embassy in their home country.

(b) If granted, the visitor permit will identify the visitor and document the purpose of visiting Africa, the place(s) to be visited and the duration of the visit.

(c) Foreign nationals with a criminal record or infectious diseases shall not be issued with a visitor permit to the United States of Africa.

(d) Overstaying a visitor permit is unlawful. Violators will be subject to financial sanctions, prosecution and deportation.

(2) All foreign nationals illegally in the United States of Africa at the entry into force of the African Constitution must leave forthwith. Line 2 of (1) (d) of this section applies.   

(2) (a) A person who hires or provides rented or free accommodation to an illegal alien shall serve a mandatory three months in jail and pay a fine calculated by the number of days the illegal alien was employed or accommodated. 

(b) Failure to report the presence of an illegal alien to the police or the Department of the Interior is unlawful, which violation is punishable with a financial penalty and a month in jail. Details will be regulated by a federal statute.

(3) Employers are prohibited from hiring foreign nationals to jobs African citizens can do. Violators are subject to prosecution and financial sanctions.

Section F - Public Service
 
(1) With the exception of the members of the federal cabinet and their staffs, all appointments to key federal positions shall originate with the Board on Public Integrity. The service shall widely advertise all senior federal jobs, shortlist and interview eligible applicants and recommend the most outstanding nominees to the Congress for further processing.
 
(2) All federal judges shall be nominated by the Board on Public Integrity and vetted by the Council of Chiefs, before which witnesses, including the Presidency, will appear and present testimony for or against any nominee.
 
(3) All presidential nominees to the federal cabinet shall be vetted by the Chamber. All nonjudicial nominees by the Board on Public Integrity to key federal positions shall be vetted by the Chamber, before which witnesses, including the Presidency, may appear to testify for against an nominee. Federal civil servants shall be proportionately drawn from all the states.

(4) Both elected and appointed persons in the service of the United States of Africa must declare their wealth and disclose its sources to the Department of the Economy before assuming office. This declaration of assets shall be continued in all subsequent annual tax reports for as long as one is a public employee. Nobody on the federal payroll shall own and operate a foreign bank account.
 
Section G - Federal Debts
 
(1) All debts contracted and engagements entered into before the coming into force of the African Constitution shall be as valid against the United States of Africa under this constitution as prior to its adoption. 
 
(2) The validity of the public debt of the United States of Africa, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States of Africa nor any state shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States of Africa, but all such debts, obligations and claims shall be held illegal and void.
 
Section H - Natural Resources
 
(1) Natural Resources. Water, minerals, oil and all other natural resources on or contained in the land and territorial waters of the United States of Africa shall never be alienated, but provisions will be made for their development.

(2) Socially and environmentally responsible corporations will receive tax credits of up to a third of the amount of their spending on social and environmental programs. Details will be regulated by a federal statute. 

Section I - Civic Duty
 
(1) All African citizens aged sixteen years and above have a civic duty and constitutional obligation to participate in the democratic process.

(2) Every African who is eligible to vote is required to turn up at their polling station on election day and vote. If a voter does not find an acceptable candidate on the ballot, he or she has the option to vote as abstaining.
 
(3) Early voting and absentee voting will be provided for to enable those not available on election day to cast their ballots in advance.
 
(4) A financial penalty shall be imposed on voters who do not turn out to vote.

(5) A federal statute shall regulate the details.

Section J - Criterion for Honoring Heroes

(1) All public places, including national heritage sites, roads, airports, buildings, schools, hospitals, lakes, rivers and wildlife reserves, shall bear African names.

(2) Public places shall be named in honor of Africans who have made an outstanding contribution to society and have upheld ethical standards of the highest order, with no taint of tyranny, corruption and tribalism. 

(3) Taxpayer money shall not be spent on the construction of a monument to any person.

Section K - Presumption of Innocence

(1) All persons suspected of breaking the law shall be presumed to be innocent till proven guilty.

(2) (a) Lynching, or mob justice, is banned. All suspects must be handed over to the police unharmed. 

(b) Criminal prosecution and Section L of this article apply to violators of the foregoing paragraphs (1) and (2).

Section L - Financial Responsibility for Violence

(1) In addition to serving a prison term, a person convicted of criminal violence shall pay or reimburse the medical costs of  injury to the victim.

(2) Convicted violent criminals shall also compensate their victims for economic losses resulting from injury and property damage.

(3) Asset seizure and income garnishment apply to paragraphs 1 and 2 of this section.

Section M - Reserved Rights
 
The enumeration in the African Constitution of specific rights shall not be construed to deny or disparage others retained by the people. Powers neither delegated to the United States of Africa by this constitution nor prohibited by it are reserved to the states respectively or to the African people.