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ANTARCTICLAND
Government of Antarcticland
www.govantarcticland.org
CARTA MAGNA
Of the Sovereign Order of
ANTARCTICLAND
Promulgated on 1 September 2007
Modification in November 2011
ARTICLE I
The Fundamental Principles
ARTICLE II
Origin and nature of the Order
ARTICLE III
Waive to Territorial Claim
ARTICLE IV
Sovereignty
ARTICLE V
Nationality
ARTICLE VI
Of the Rights of Citizens
ARTICLE VII
Major age
ARTICLE VIII
The Government
ARTICLE IX
The Grand Master and Regent
ARTICLE X
Oath of Grand Master
ARTICLE XI
The Princes and the Knights
ARTICLE XII
The Ministers
ARTICLE XIII
High Commissioner for Government Performance and
Protection of Citizens Rights
ARTICLE XIV
Language
ARTICLE XV
Flags, pennant and emblem of the Order
ARTICLE XVI
The capital city of Antarcticland
ARTICLE XVII
The formation of laws
ARTICLE XVIII
Referendum
ARTICLE XIX
International Treaties
ARTICLE XX
Neutrality of Antarcticland
ARTICLE XXI
Ordaining of Justice
ARTICLE XXII
Constitutional Duties
ARTICLE XXIII
Economy
ARTICLE XXIV
Currency
ARTICLE XXV
Environment
ARTICLE XXVI
Religion
ARTICLE XXVII
Health
ARTICLE XXVIII
Education
ARTICLE XXIX
Final Provisions
CARTA MAGNA
Of the Sovereign Order of
ANTARCTICLAND
Promulgated on 1 September 2007
Modifications on November 2011
Preamble
With the need to disclose the Laws and Principles of the Sovereign
Order of Antarcticland that, as a of the vote to maintain secrecy
imposed by the founder and the first Grand Master, Sir Fabian
Gottlieb von Bellingshausen, have been handed down to date by
ancient oral tradition, the Emeritus Regent and Grand Master first,
and the actual Sovereign (The King) H.M. Rolando Righetti,
after having raised the Knights by
secular obligation and having listened to the Council of Princes and
the Knights, approve and ratify the following Magna Carta:
ARTICLE I
The Fundamental Principles
The Nation Antarcticland in order to promote justice; freedom;
equality among peoples; the international security; the environmental
preservation of the Universe, Antarctic and particularly
Antarcticland, and the blessing of their citizens, in the exercise of its
sovereignty, dictates the Ten Basic Principles and Guidelines of
Antarcticland’s Magna Carta.
1. Secure coexistence between peoples and an economic, social and fair order;
2. Protect citizens of Antarcticland, human rights, their cultures,
traditions, languages and institutions;
3. Promote the progress of culture and the economy to ensure all
citizens a decent quality of life;
4. Work for the strengthening of peaceful relations and fruitful
cooperation between all the peoples of the earth;
5. Promote effective actions for the protection and preservation of
the planet cooperating with united spirit for the conservation and
protection and integrity of the medium environment of
Antarcticland taking responsibility with actions aimed at
sustainable development of environmental resources of the
ecosystem of Antarcticland, the Antarctic region and of the Universe;
6. Promote principles and pluralist and democratic foundations
rejecting any form of totalitarianism and imperialism;
7. Defend the equality of all nations and peoples and their inalienable
right to self-determination.
8. Condemn any manifestations of religious, cultural, political and
ethnic intolerance.
9. Reject terrorism and war as a means of asserting one's ideology of
subjugation of other peoples and as a means of resolving national and
international disputes.
10. Serve as a model for a new state eco-sustainable, dedicated to the development
of humanitarian projects in the World and the promotion of Culture in all its form.
ARTICLE II
Origin and nature of the Sovereign Order of Antarcticland
The Sovereign Order of Antarcticland was founded in 1821 by Grand
Master Fabian Gottlieb von Bellingshausen (also known by theRussian name: Фаддей Фаддеевич Беллинсгаузен who, after
having discovered the Antarctic continent on a mission financed by
naval Tsar Alexander I of Russia, created the Sovereign Order of
Antarcticland to protect the lands he conquered and on which Tsar
had no claims or interest. Fabian Gottlieb, not to come into conflict
with the Tsar of which remained employed as Admiral, forced the
Princes and the Knights who had joined him to maintain the vote of secrecy.
In the last, nearly, two centuries, the Order, bounded by secrecy, lost
control of a large part of the territory of the Antarctic continent, both
for internal matters, the first among all the short periods of regency of
the Grand Masters, and for the difficulty of securing a territory so vast
and inhospitable from territorial claims of other nations.
Given the new global context, the anachronism of a secret society
and the need to defend the sovereignty of the territory remained
under the control of the Order, Antarcticland was claimed as a nation,
and from 42nd Grand Master of the Sovereign Order of Antarcticland,
in the Anno Domini 2007 and from 43rd Grand Master of the Sovereign Order
in the Anno Domini 2011, through anact of request for the
claim official recognition of its territory,
notified to the United Nations according to the jus gentium law and
the right of self-determination of peoples recognized by the United
Nation's Magna Carta and other regional and international
instruments including the Universal Declaration of Principles of
International Law on Friendly Relations and Cooperation among
States adopted by the UN General Assembly in 1970, the Helsinki
Final Act adopted by the Conference on Security and Cooperation in
Europe (CSCE)., 1975; the African Charter of Human and Peoples'
Rights of 1981, the CSCE Charter of Paris for the new Europe
adopted in 1990, the Vienna Declaration and Programme of Action
1993 and reaffirmed in the International Court of Justice of Namibia,
the case of Western Sahara and East Timor in which erga omnes the
right has been recognize.
ARTICLE III
Waive to Territorial Claim
In the spirit of the peaceful and not belligerent people of
Antarcticland and in recognition of territorial annexations occurred
over the centuries and claims of sovereignty of the territories
formerly belonging to Antarcticland continent as a whole, the King,
according to the Council of Princes and the Knights and
representation citizens, waives his right to sovereignty over all
territories outside between pole south to 60 ° S latitude and longitude
of between 90 ° We 135 ° W, these lands that have never been
subject of complaints by other Nations.
The State of Antarcticland, as per Act of Abdication of 05th July 2011,
was divided in two Principalities:
Principality of Antarcticland, the Territories between pole south to 60°Latitude
and Longitude of between 90°W and 120°W, governed by the Prince, now
The King H.M. Rolando Righetti and
Principality of West Antarctic. The territories between pole south to 60° Latitude
and Longitude of between 120°W and 135°W, governed by the Prince of West Antarctic.
Both Principalities form the Kingdom of Antarcticland
ruled by the King H.M. Rolando Righetti
ARTICLE IV
Sovereignty
The State of Antarcticland, the oldest domain in the Antarctic
continent, is subject to international law and currently includes lands
and islands that stretch from the south pole to 60 ° S latitude and
between 90 ° longitude 135 ° We W .
The executive, legislative and judicial powers are responsibility of
the organs in charge with such tasks.
ARTICLE V
Nationality
The nationality of Antarcticland is acquired, preserved and lost as
determined by law, and is guaranteed Jus Sangius for an application
subject solely to the oath of respect of the constitution.
Paragraph I
Considering that the United Nations Charter and the Universal
Declaration of Human Rights, adopted on December 10, 1948 by the
General Assembly, have said the principle that human beings without
distinction must enjoy human rights and fundamental freedoms,
Antarcticland guarantees nationality to political refugees, ethnic,
religious and stateless persons.To this end, the term "refugee" applies to whom:
1), which has been considered a refugee under the Agreement of 12
May 1926 and 30 June 1928, or under the Conventions of 28 October
1933 and 10 February 1938 and the Protocol of 14 September 1939,
or pursuant to the Constitution of the International Refugee;
Decisions of “non-eligibility" taken by the International Organization
for Refugees don’t exclude that the status of refugees can be granted
to persons not eligible;
2) that, as a result of events occurring before 1 January 1951, rightly
fearing of being persecuted for reasons of race, religion, nationality,
membership of a particular social group or for his political opinion, is
outside the country of which is a citizen and can not or will not,
because of this fear, rely security of this country, or who, not having
a nationality and being outside the country in which he had habitual
residence as a result of such events, can not or not want to return for fear above.
In the case of a person with more than one nationality, "the country
whose citizen" means each of the countries of which the person is a
citizen. Therefore it will be no longer considered deprived of security
of the country of which he is a citizen who, without reasonable cause
based on justified fear, has not invoked the protection of one of the
countries of which is a citizen.
Paragraph - II
The nationality of Antarcticland is obtained through registration to
Registry Office through form to be submitted in Antarcticland’s
diplomatic missions or online in the official website of the
Government of Antarcticland. Attached to the application form of
citizenship is necessary to submit an identity document issued by a
government or National Authority and in the case of refugees or
persons with a certificate with photos, signed or endorsed by a
diplomatic representative of Antarcticland or another nation.
Paragraph - III
Citizens of Antarcticland are allowed to maintain other nationalities
and preserve their rights, even in cases where other countries have
asked for their written waiver to other nationalities.
Paragraph - IV
The nationality of Antarcticland is lost for the surrender of citizens
expressed through request for cancellation to the Registry Office or
revocation of the government in cases established.
Paragraph - V
The Government of Antarcticland in exceptional cases by decree
from the Ministry of Justice could suspend the civil and political
rights of a citizen, and in extreme cases revoke nationality.
For exceptional cases means:
1. High treason
2. Acts of terrorism
3. Serious crimes against persons or ecology
4. Crimes against humanity
Paragraph VI
The Antarcticlanders have the right to freely choose their residence
and move on the national territory. They also have title to enter and
exit freely from Antarcticland.
ARTICLE VI
Rights of Citizens
The following rights are recognized and protected:
1. To express and disseminate freely thoughts, ideas and opinions
with the word, in writing or by any other means;
2. literary, artistic, scientific and technical production and creation;
3) freedom of teaching;
4) to transmit and receive truthful information freely with any means
of dissemination. The exercise of these rights can not be limited by
any form of prior censorship.
5) it is recognized the right of peaceful assembly without arms. The
exercise of this right does not need prior authorization.
6) it is recognized the right of association. The associations pursuing
purposes or using such means to configure a crime are illegal.
Paramilitary associations are prohibited.
ARTICLE VII
Major age
To legal effect, the age of majority of citizens of Antarcticland can be
reached at sixteen. There is not minimum age to become Citizens.
Minors may require a copy of the Constitution for free.
ARTICLE VIII
The Government
The Government of Antarcticland is chaired by the King and is made
up of the Sovereign Council of Princes and the Knights and the
Ministers. At the suggestion of Princes or the Knights, the King
appoints ministers who form the Council of Ministers.
ARTICLE IX
The Grand Master and Regent
The title of Regent is up to the Grand Master of the Sovereign Order
of Antarcticland. The King is the Head of State, the symbol of its
unity, he is stability, arbitrator and regulator of the functioning of the
institutions, takes the highest representation of the State of
Antarcticland in international relations and exercises the functions
that specifically the Constitution and laws attribute to him.
He is appointed by his predecessor for hereditary right or merit to the
discretion of the Grand Master in operation.
In case of death of the King and his heir, the Great Council of Princes
and Knights will appoint the new Grand Master and King
interpreting the will of the deceased.
ARTICLE X
Oath of Grand Master
The successor appointed to the rank of Grand Master, takes, in front
of the Great Council of Princes and Knights in a solemn session, the
following oath:
I ... Solemnly promise and swear on this flag, to observe the
Constitutional Charter Magna, codes, and the rules of our
Order, and conscientiously govern the activities of the state,
protect the oppressed, defend the forgotten rights and save the
universe for a better world, for a world without borders, for a
world without war. Glory to
Antarcticland, glory to the noble Princes and Knights,
Glory to the King.
Paragraph I - Powers and Functions of Regent
The King, assisted by Sovereign Council of Princes and the
Knights, shall exercise the Supreme Authority, the provision of duties
and offices of the general government of theState.
In particular it is up to the King to:
A) Represent the State of Antarcticland
B) Emanate or ratify the legislation.
C) Promulgate decree by acts of government.
D) Appoint ministers
E) Appoint new Knights and Princes of the Sovereign Order of
Antarcticland
F) Appoint the High Commissioner for Government Performance and
Protection of Citizens Rights
G) Protect, with the assistance of the Minister of Finance and other
ministers, the goods and values of the Treasury of Antarcticland and
monitor the property of the state.
H) Ratify international agreements.
Paragraph II - Surrender of the King
Surrender of the King will be given in the event of death or permanent.
Permanent impediment will be declared by the Grand Council of
Princes and the Knights, decided by a majority of two thirds of its members.
In this case, designated heir will replace, if this were less than
sixteen, the Council of Ministers will appoint a co-regent.
ARTICLE XI
The Princes and the Knights
The Princes and the Knights, heirs to the succession of title or
appointed by the King, are in charge of assisting the King and the
ministers in the State administration, suggest the nominations as
Minister, may propose laws and decrees and form the Council of
Princes and Knights, Assembly Sovereign of the State of Antarcticland.
ARTICLE XII
The Ministers
The Ministers are appointed by the King, usually at the suggestion
of Princes and the Knights or citizens. The ministers form the
Council of Ministers.
Paragraph I - Powers of Ministers
Ministers have power to issue decrees that will come into force after
ratification of King and the publication in the online Official
Journal of the state of Antarcticland.
Paragraph II - Powers of the Council of Ministers
The Council of Ministers has the power to elect from among its
members a Regent in the event that the successor to the King
was not sixteen when he takes up his duties.
Paragraph III - Organization of Ministries
The Ministers can organize ministries according to the most
appropriate criteria for appointing any administration officials having
their confidence and ensure the funding of the Ministry and its
deliberated law decrees.
Paragraph IV - The censure of Ministers
The work and the appointment of ministers are subject to censorship
of the King and the Grand Council of Princes and the Knights with a
majority of three-quarters of voters.
ARTICLE XIII
High Commissioner for Government Performance and
Protection of Citizens Rights
The increasing awareness in the public structures in having to meet
high standards of efficiency and fairness towards the citizens, civil
society and other institutions, has resulted in the need to create a
specialized control of the public administration.
The constitution in Antarcticland of the High Commissioner's order
has the purpose to develop a strategy to guarantee the citizen.
This plan takes the form of three actions:
A) periodic assessment reports of legal instruments and
administrative practices;
B) identifying critical of the regulatory system;
C) verifying the vulnerability of public administration
In this context, the High Commissioner may:
1) investigate also of its initiative, on complaints or at the request of
governments or citizens;
2) analyse and study the adequacy and appropriateness of the
regulatory framework and of measures implemented by the ministries
and administrations;
3) monitor the contractual procedures and of expense and behaviours
which can harm the public purse.
The appointment of High Commissioner goes to the King.
ARTICLE XIV
Language
The Official Languages of Antarcticland are English and Italian.
ARTICLE XV
Flags, Signs and Coat of Antarcticland
The flag of Antarcticland item brings the white image of the
Antarctic continent, above the wind rose and the red lines that
tracked the coordinates of the national territory of Antarcticland in
red with a "A" between the red lines on a blue background.
The emblem of Antarcticland is the family Gottlieb’s amended by
Fabian Gottlieb in 1821 and accepted by Sovereign Order of
Antarcticland. It displays a shield with the red and yellow colours
and shapes posed as mirrors of two penguins and two "A" caps.
Above the shield the battle helmet of the Order of the Knights of
Antarcticland is affixed. The right to frieze of it is only recognized to
Princes and Knights and it is faculty of the State and prosecutors to
use it. The signs bear the shield with the inscription of Antarcticland
on a white background. A special regulation approved by the King
establishes the features and rules for the use of flags, insignia and
emblem of the Order. The King has the faculty to change or modify the Emblem.
ARTICLE XVI
The capital of Antarcticland
The capital of the State is the place that bears the name of Cape Gott
located on the coast of Antarcticland 1. 6 kilometers below the 90ºW.
ARTICLE XVII
The formation of laws
The legislative function is exercised by Ministers and the King.
Legislation is initiated by citizens, Princes and Knights and the Government.
Each proposal of bill submitted is examined by the competent
minister and, if approved, it is sent for ratification to the King.
If the proposal is rejected or censured by the Minister, it will be
resubmitted to the office of the King by any citizen of Antarcticland.
Laws are promulgated by the King within one month after the approval
of the competent minister.
The King, before promulgating the law, can communicate with the
minister, apply for a review and a new resolution.
Laws are published immediately after promulgation and come into
force only after the publication in the Official Journal of the State.
There shall be no referendum on the tax and budgetary laws, on
amnesty, permission to ratify international treaties, or that pose
substantial changes to the structure of the state.
All citizens of Antarcticland are entitled to participate in the referendum.
ARTICLE XVIII
Referendum
In exceptional cases citizens of Antarcticland may be called to
participate in the referendum. The proposal subject to a referendum is
approved if the majority of eligible participated in the voting, and if
the majority of the valid votes is reached. The law determines the
rules for implementing the referendum.
ARTICLE XIX
International Treaties
The conclusion of treaties is allowed by decree. The concluded
international treaties, once notified by the King and published in the
Official Journal of Antarcticland, will be part of its domestic law.
Their provisions can be departed, modified or suspended only in the
form provided by the treaties themselves, or in accordance with the
general rules of international law.
Paragraph - I - Authorization
It is up to the King and the Grand Council of Princes and Knights
to ensure the implementation of these treaties and resolutions issued
by international bodies and supranational institutions which these skills were forwarded to.
Paragraph - II - Conclusion
The conclusion of an international treaty which contains provisions
contrary to the Constitution requires a preliminary constitutional examination.
ARTICLE XX
Neutrality of Antarcticland.
Antarcticland declares itself as a neutral nation and rejects war as an
instrument of aggression against the freedom of other peoples and as
a means of settling international disputes, promotes social progress
and improvement of living standards in a comprehensive concept of
peace and freedom, favours international organizations to ensure
peace, justice and self nations, allows dialogue and conciliation
policy combining the best intentions to live in accord with all nations
and peoples for the preservation of international security against the
political and economic imperialism, and promotes peace in the world.
ARTICLE XXI
Sort of Justice
The Antarcticlanders are equal before the law, without any
discrimination for reasons of birth, race, sex, religion, opinions or
any other status or personal or social circumstance.
The justice in Antarcticland is based on international law with regard
to crimes against the state and on international arbitration for
resolution of trade conflicts and between citizens.
Paragraph - I - Officials
As an effect of the application of Article XVII the International Court
of Arbitration of Antarcticland is instituted and it is a task of the
Minister of Justice to enter in the corresponding notice board the
lawyers and judges enabled in other nations and territories.
Paragraph - II - Of the crimes
For crimes against the State and people, the corresponding
jurisdiction will be the one in force in the place where the crime took
place, reserving to the Ministry of Justice the power to intervene in
cases of infringement of rights for the defendant.
ARTICLE XXII
Constitutional Duties
The citizens and public authorities are subject to the Constitution and
to the rest of the legal system.
Paragraph - - Freedom and Equality
It is up to public authorities to create the conditions for freedom and
equality of the individual and groups of which it forms part are real
and effective, and remove barriers that prevent or make it difficult for
their full enjoyment and facilitate the participation of all citizens in
the political, economic, cultural and social life.
Paragraph - II - Legal Standards
The Constitution guarantees the rule of law, the legislative levels,
advertising standards, non-retroactivity of those containing sanctions
or restrictive of individual rights, legal security, accountability and
control over any caprice of the state.
ARTICLE XXIII
Economy
Antarcticland is based on an economic system free, transparent,
competitive, fair, but above all independent and free.
The economic guidelines are planned by the Government of
Antarcticland within multi-annual and annual plans. The State
revenue will be managed by a company to adopt and implement
rational economic policies aimed at enhancing equity between
generations, and development of the territory through targeted and
shrewd investment. The treasury managing company operates
through a structural fund that provides financial resources to support
productive initiatives of the state of Antarcticland and cash receipts.
The revenue derive from liberal supplies of companies and citizens,
other financial contributions, as well as financial income such as the
sale of stamps, books, studies, services to citizens and revenues
arising from the growing and flourishing tourist activity.
ARTICLE XXIV
Currency
The currency existing in the territory of Antarcticland is the
"Antarctic", in a fixed exchange rate regime by the Ministry of
Finance, 1:1 with Euro.
ARTICLE XXV
Environment
The main purpose of the State of Antarcticland is the protection of
the Environment, of the Antarctic continent and the universe.
The delicate Antarctic ecosystem is unique in the world and
maintaining his balance is essential in this era of thaw. The warming
in the Antarctic region is five times greater than the world average.
To this end Antarcticland adheres to the Princes of environmental
conservation tracked in the Washington Treaty, which is the legal
basis and foundation of the whole Antarctic system.
Paragraph - I - Scientific research
Antarcticland enshrines the principle of freedom of scientific
research with peaceful purposes forbidding all military activities and
prohibiting any kind of exercises and storage of radioactive material.
To make such a concrete goal, the treaty aims to promote freedom of
research and international cooperation.
It gives an indicative list of the subjects covered by the recommendations:
1. Use of Antarctic for peaceful purposes;
2. Activities of facilitation of scientific research;
3. Cooperation and exercise of rights of inspection;
4. Guarantee of sustainability of the Antarctic ecosystem, through
demographic control of exploited species;
5. Maintaining the ecological balance among fished species;
6. Minimization of risks of systemic eco-long reversibility changes.
ARTICLE XXVI
Religion
For individuals and communities it is guaranteed the freedom of
ideology, religion and worship without further restrictions on its
exercise than those necessary for the maintenance of public order
protected by law. Nobody can be forced to declare ideology, religion
or views that professes.
No religion has the character of state religion. The government will
take into account the religious beliefs spread in society and will
consequently maintain cooperative relations with other churches and confessions.
ARTICLE XXVII
Health
The Government of Antarcticland wants to give the greatest possible
attention to the health of their citizens, even though the state is not
welfare and cares are to be paid. To this end, in agreement with the
Ministry of Finance, the budget for health is separated from the state
budget and a Special Fund is established to cover medical needs or
emergencies for less affluent citizens.
The Ministry of Health will promote economic agreements with
private clinics, especially in the field of cosmetic surgery, but without
exclusions, so to get favourable prices and to be paid a commission
on the services provided to citizens that will form a special fund to be
administered by the Ministry of Health. Along the same lines
agreements will be concluded with insurances for medical policies at
favourable international rates.
ARTICLE XXVIII
Education
Education is burden to citizens. Ministries will promote research and
the dissemination of information among citizens.
ARTICLE XXIX
Final Provisions
This constitution will come into force on the day of publication of its
text in the Official Gazette
