SHERQI TÜRKISTAN JUMHURIYITI SÜRGÜNDIKI HOKUMITI
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THE CONSTITUTION OF GOVERNMENT-IN-EXILE OF
EAST TURKISTAN REPUBLIC
The present constitution has been written according to the common national volition of East Turkistani emigrants who have been living in exile since the occupation of East Turkistan by Communist China in October, 1949. The Constitution aims to provide measure, to insure that the people of East Turkistan and their children live in liberty and, to show the true path of what the people of East Turkistan must go through after they attain their independence.
THE NAME, SIZE, CHARACTER, FLAG, NATIONAL EMBLEM, NATIONAL ANTHEM, NATIONAL MOTTO, NATIONAL MUSIC, PLEGE OF ALLEGENCE, OFFICAL LANGUAGE, RELIGION, CAPITAL CITY, AND POLITICAL PARTY OF THE STATE
Article 1: The name of the state is East Turkistan Republic. The size of the state is 1.828.418 square kilo meters.
Article 2: The People and Character of the state: The people of East Turkistan consisted of Turkic people including Uyghurs, Qazaqs, Qirghiz, and Farsi speaking Tajiks and Monguls who have adopted Turkic culture throughout history. All intentional or unintentional acts which provoke disunity among these indigenous people of East Turkistan are prohibited. This is because these types of acts are considered to be a contribution to the “Divide and Rule” policy of the enemy-the Chinese that has applied against the people of East Turkistan.] The state-East Turkistan which belongs to these Turkic people may not be divided under any circumstances, accordingly. The character of the state is a democratic, unified and fully legal state that respects all human rights.
Article 3: The Flag of East Turkistan is a
Blue Flag with a Crescent moon and Star.
The blue represents the sky whilst
the crescent moon and star represent Islam.
Article 4: The National Emblem of the State is a
feature that includes nine points on both the right
and left sites of the Crescent moon with
the “Bismillahir Rahmanir Rahim” in Arabic
(In the Name of Allah, the Compassionate Source
of all Mercy) Formula inscribed in the middle
of the Crescent.
The three stars above the mouth of the Crescent, with a cordon joining the points there below. The eighteen points represents the eighteen Turk clans living in East Turkistan, while the three stars symbolize the States of Kokturk, Uyhgurs and Qarakhanids that were previously founded in East Turkistan.
The National Song and Music of East Turkistan is the “Uyghur Twelve Muqam” and other Folk Music of East Turkistan. The Independence Song of East Turkistan is “Shadiyane.”
Article 5: The National Anthem of the State is the following poem entitled “Qurtulush Yolida Sudek Aqti Bizning Qanimiz (Our Blood Has Run as a River on the Way of Salvation), which was written in 1933 by Memtil Ependi Tokhtaji Tewpiq. [Known as the most talented educator and a charismatic leader of the “Jedid (Reform) Movement in East Turkistan in the 30’s of twentieth century, Memtil Ependi called the people of East Turkistan to stand up to fight the Chinese rule of East Turkistan. Memtil Ependi was killed in 1937 at the age of 36 along with his thousands of followers by the Chinese.]
National Music is the “Uyghur On Ikki Muqami (Uyghur Twelve Muqam)” and other Folk Music including the “Shadiyane” played in all types of National Festivities or National Holidays.
The Pledge of Allegence is the poem written by Abdul Eziz Mehsum Abdul Qadir. [Devoted his entire life (1901-1982) for the cause of independence of East Turkistan and spend half a century in the Chinese prison cell. Abdul Eziz Mehsum has been recognized by the people of East Turkistan as the determined unshakable symbol of challenging the Chinese authority in East Turkistan.]
Article 6: The Official Language of the state is Uyghur. Qazaq and Qirghiz are used as national languages. The Religion is Islam. The State respects and protects other religions and fully guarantees the rights of practice of other religions. The Capital city of the State is Urumchi. The National Festivities or the National Holidays of East Turkistan are Nowruz, Ramadan,and Qurban Heyt (Sacrifying Festival).
The National Day of East Turkistan is November 12. [It is the Independence Day of the two East Turkistan Republics established in 1933 in Kashgar and in 1944 in Ghulja.]
The Memorial Day is August 27. [This date is set to commemorate the martyrs--the leaders of the East Turkistan Republic who were announced death after the so called “Plane Crash Incident” reportedly occurred on August 27, 1949, after the plane took off for Beijing.]
The October 1st which was set as the Independence Day for Communist China on 1949 will be remembered as the National Grieving Day for the people of East Turkistan till East Turkistan attains its independence.
The Political Party of the State is the “National Party.” However, till East Turkistan attains its independence, the Government-In-Exile will be run under the leadership of the “East Turkistan National Liberation Party.” All citizens of East Turkistan who recognize and defend this Constitution of East Turkistan are considered to be the member of these parties.
Article 7: The foregoing Articles—Article 1, 2, 3, 4, 4, 5, and 6 may not be changed by any means, nor can any proposal be set forth or attempt made for the amendment thereof.
THE GOVERNMENT-IN-EXILE OF EAST TURKISTAN
REPUBLIC AND ITS GOAL AND ITS CABINET
Article 8: The Government-In-Exile of East Turkistan Republic, which was established on September 14, 2004 in Washington, the capital of the United States of America has been accepted as the sole organ that has the authority over the people of East Turkistan in terms of representing East Turkistan Republic until East Turkistan will be liberated from the rule by imperialist Communist China. The Head Quarter of the Government-in-exile is Washington, D.C., the capital of the United States of America.
Article 9: The essential task of the Government-In-exile of East Turkistan is to call the entire international community—that adhere to the principles of freedom and democracy, law and order, peace and respect for human rights, as well as all international organizations including the United Nation that cooperate therewith, to support the independence movement of East Turkistan in order to prevent state terrorism under the regime of imperialist Communist China against the people of East Turkistan.
Article 10: The Ministers of the Government-In-Exile of East Turkistan Republic constitute the Cabinet of Ministers under the leadership of the Prime Minister of the Government- In-Exile of East Turkistan Republic.
Article 11: The Cabinet Minister convenes once or twice a year, in order to discuss the fulfillment of the previous programs of the Government-In-Exile and in order to discuss the strategies of implementations of future programs of the Government-In-Exile of East Turkistan Republic.
THE PARLIMENTARY ELECTION AND CITIZENSHIP OF
EAST TURKISTAN REPUBLIC
Article 12: The Parliament elects itself a Chairman, one or two Vice-Chairman, and a Secretary General and two Assistance General Secretary from among the democratically elected Members of the Parliament from various regions for a period of four years according to those who receive a two-thirds majority of the vote. The Parliament opens on the 10th of November of the beginning of each term (four years) and closes on the 11th of November of the ending of each term year. The Members of the Parliament are elected according to Article 13, 14, 15, 16, 17, 18, and 19 of this Constitution, and thus the Parliament is formed. The newly elected Members of the Parliament start their duties with and oath on the 12th of November. The formation of the Parliament, their legislation and the number of the Members are fulfilled in conformity with principles decided by the Founding Parliament.
Article 13: Those persons who are known to have collaborated with those that have invaded East Turkistan and those that have aided or facilitated the work of the enemy or the invaders are not allowed to be elected as the Members of the Parliament.
Article 14: In addition to the restriction shown in Article 13, any individual who wants to be elected as the Member of the Parliament shall not have any political or economical, or friendly relationship with the government of China. Thus, any person in the Parliament who has already been elected as the Member of the Parliament is found guilty because of his tie with the government of China will be ousted from the Government immediately. This law is equally applicable to all members, including the President and all Ministers in the Government.
Article 15: Although he/she (a government official) does not have any relationship with the government of China, but he/she is proven to have close relationship with any government officials who has been ousted from the government because of his/her relationship with the government of China or proven to be supportive of any ousted government official without any well-founded reason, also will be ousted from the Government immediately.
Article 16: Any person who have nothing to do with the invasion of the State, nor have collaboration with the enemy or the invaders nor have protected them, and that were born in East Turkistan, and have seven generations of ancestors who lived in East Turkistan, is regarded as a citizen of East Turkistan. Those emigrants that live outside East Turkistan but feel themselves to be from East Turkistan, and take East Turkistan as their homeland are naturalized citizens of East Turkistan.
Article 17: All citizens (men and women who are above 18 years old) of East Turkistan who live in East Turkistan or abroad—have voting right. But, both citizens--the voter and the person to be elected must recognize this Constitution of East Turkistan Republic. Those who want to participate in the election are obliged to demonstrate his/her recognition of the Constitution by taking oath in front of Qur’an. In order to that he/she is required to read the Pledge of Allegiance in Article 5 of the Constitution, and sign under it with her own oath.
MEMBERS OF THE PARLIAMENT
Article 18: The Parliament is composed of democratically elected Members of Parliament by the citizens of East Turkistan. Officers of the Army and the Police forces in service may not be elected as the Members of Parliament. However, they may be elected on condition that they resign from their duties at least 3 months prior to the election.
Article 19: One Member of Parliament is elected for every 60 thousand citizens throughout the country. However, in the case of the Parliament-In-Exile, the numbers of the Members of the Parliament is decided based on the size of the East Turkistanis in a particular country where the Members of the Parliament live according to the principles accepted by the Founding Parliament. In any case, the number of the Members of the Parliament-In-Exile may not be less than 60.
Article 20: The staff members of the Parliament are appointed by the Chairman of Parliament.
Article 21: In case of those Members of the Parliament that have died or left their post for other reasons new Members of Parliament are elected within the period decided by the Decree of the Parliament through an election to be held where they were elected.
LAWS AND DECRESS
Article 22: All laws are made by the Parliament. The resolutions introduced by the members of the Parliament are approved by a two-third majority vote. The accepted laws are enforced by the Government.
Article 23: All decrees are issued by the Government. The Prime Minister assigns one or two Minister/s as the Spokespersons for the Government.
THE PARLIAMENT AND THE ARMY
Article 24: The President is the Commander of Chief of the Armed Forces in East Turkistan. However, in abroad, until the independence of East Turkistan, the Prime Minister is the Commander of Chief of the Armed Force of the Army recruited to fight against China. Because, the Prime Minister is the highest ranking government officials in the Government-in-exile who represents East Turkistan till the liberation of East Turkistan.
Article 25: Within the times of peace, after East Turkistan attained its independence, the army is conducted and administered by a high ranking officer in the army who is experienced and respected, and who is loved and trusted by the armed forces. The officer is appointed by the President. However, till the independence of East Turkistan, the Prime Minster assigns the Minister of Defense of the Government-in-exile as the Commander of Chief of the State.
Article 26: The Parliament authorizes the Government to wage to protect the interest of the State, and conclude agreements with other countries with a two-third majority of the vote.
THE ELECTION OF THE PRESIDENT AND HIS RIGHTS
Article 27: Any citizen of East Turkistan who is over 40 years old devoted himself/herself to the cause of independence of East Turkistan, who is self-sacrificing for the national interest of the people of East Turkistan, and who bear other required national qualification of presidency can be elected as the President of East Turkistan. The elected president takes office with an oath (See Enclosure D).
Article 28: The President is the symbol of the State. As the main advisor of the Cabinet established by the Prime Minster of the government in-exile, the President advice the Prime Minster to change the Ministers appointed by the Prime Minister and whether or not to approve the laws, regulations, decrees or agreement endorsed by the Parliament; in addition, the President advice the Prime Minster in terms of appointing ambassadors abroad and receiving foreign ambassador; and pardoning or lessoning the punishment of those who committed a capital crime, with the request of the Supreme Court. During those period when the President fails to carry out his duties because of his sickness, travel or other reasons, the Vice President, who is a Member of the Parliament, acts on behalf of the President and vested with all the powers of the President until the president is recovered from his illness or return from his trip. In case of the death of the President, the President fulfills his duties until the new President is elected.
THE LECTION OF THE PRIME MINISTER AND HIZ RIGHTS
Article 29: Any citizen of East Turkistan who devout himself/herself to the cause of independence of East Turkistan, and who is over 40 years old, and who is a Turkistani descent, and who is elected as the Member of the Parliament has the right to be elected as the Prime Minister. The Prime Minister-elect take office with an oath. (Enclosure D). With the advice of the President, the Prime Minister sets up the Cabinet and then, submit it for the approval of the Parliament. The Parliament approves the Cabinet with two-thirds of majority of the votes. In this process the current Cabinet of Ministers continues to carry out its tasks.
Article 30: The Prime Minister informs the Parliament at least once a year about the general situation of the country as well as about the policies followed by the Government. The Prime Minister has the authority: to fix the date of an election of the Parliament, after a legislative term is ended; to recruit and maintain the armed forces during the times of war and peace; to supervise the activities of the Cabinet of Ministers; to expel the Members of the Cabinet who act against the Constitution of the Government or who fail to perform their duties; to ensure that the laws are executed justly; to issue decrees when the country faces extraordinary circumstances; and to declare martial law with the approval of the Parliament.
AUTHORITIES OF PARLIAMENT
Article 31: The Parliament is authorized to introduce all laws and regulations, to introduce related codes of laws concerning tax collection, import and export regulations, to levy taxes on commodities, to take out and pay loans, to serve as custodian of the interests of the public, and to introduce laws so that general taxes and taxes imposed on imported goods should have equal effect within the boundaries of East Turkistan. In addition, the Parliament makes laws with regards to the following issues:
Article 32: Receiving loans on behalf of the East Turkistan Republic from abroad and controlling internal and external trade;
Article 33: Receiving persons into citizenship, expelling persons from citizenship, preventing such banking transactions as shall bring about monetary crises, and issuing banking laws;
Article 34: Coining money, protecting its value, fixing the rates of exchange with foreign currencies, adjusting measures and scales;
Article 35: Punishing those that counterfeit money;
Article 36: Opening post-offices, hospitals and schools, and carrying out the construction, maintenance and improvement thereof;
Article 37: Determining the intellectuals rights of authors, artists and scientists, protecting the patent rights of inventors and ensuring that they may carry out their studies and researches freely;
Article 38: Establishing the Supreme Court and the sub-courts;
Article 39: Introducing laws that shall alleviate and prevent the crimes of robbery, plunder and forgery, and punishing those who act against the laws;
Article 40: Waging war, making preparations for defense against attacks upon the country or in cases when such attacks are probable;
Article 41: Training and supporting the armed forces, and introducing laws for the administrations of the army;
Article 42: Introducing laws for charging the army with duties in case of rebellion against the State or invasions, with the purposes of protecting the unitary structure of the State;
Article 43: Introducing the laws concerning the organization and armament of the army, the appointment of the functionaries and military training in conformity with the laws introduced by the Parliament;
Article 44: The Government of the East Turkistan Republic is vested with full authority by the present Constitution to have all the laws that are required and appropriate for the execution of the aforementioned duties fulfilled by any Government office or any Government civil servant.
THE RIGHTS OF THE CITIZENS AND THE RESTRICTIONS
OF THE PARLIAMENT
Article 45: The Parliament guarantees the rights and religious belief of the people of East Turkistan and does not introduce such laws as forbid people’s worshipping their own religion freely, or as restrict their freedom of though, self-expression, assembly, and public demonstrations or protest, nor as restrict the freedom of the press and media, nor as hinder the freedom to submit petitions.
Article 46: With the permission of East Turkistan Government, the public hold the freedom to keep and carry guns.
Article 47: Those that have collaborated with the invaders and acted as instruments in the invasion of the country or helped the enemy are judged and punished according to the nature of their crimes.
Article 48: Like the enemy, China does, those East Turkistanis who do not recognize the East Turkistan Government in Exile and attempt to destroy it by any means can be considered as traitors, and these types of destructive acts can be resolved according to the provisions of the Constitution of the government in exile regarding how to resolve the cases of traitors.
Article 49: Those East Turkistanis who live happily in various parts of the world after they get their asylum granted by showing the Chinese persecution of East Turkistan as an excuse for their claim for asylum despite the fact that they have never been harmed by the Chinese, and especially among them those who attempt to destroy the East Turkistan Government in Exile are subject to be recommended to the countries where they get their asylum from so that they will be returned to China.
Article 50: In time of peace or war, no army officer or public security official is allowed to occupy the residency or confiscate the properties of any citizen without the consent of the owner or the court’s decree or the public prosecutor’s writ.
Article 51: People’s private houses, documents, money, movable and immovable goods shall be secure against unreasonable searches and confiscation; and these rights shall not be abrogated.
Article 52: In case of war or when the public is peril, no one can be arrested or accused without the Court’s decree or the Prosecutor’s writ. No one can be deprived of their freedom or properties nor may their properties be confiscated nor their rights to properties be transferred to the public unless the case has been adjudicated by the court.
Article 53: In all searches for crimes, the accused person is judged at an impartial court serving on behalf of the public. The accused shall be advised of the character and results of their crime. In addition, the witness of the event shall be heard and the accused shall be able to employ a lawyer to defend himself/herself.
Article 54: No excessive bail may be demanded of the accused; nor excessive fines shall be applied; nor heavy and abnormal penalties shall be given. The accused may only be punished with such decrees as match their crime in the Penal Code.
Article 55: The rights of the citizens indicated in the Constitution may not be ignored; in addition, those rights that have already been granted cannot be trespassed against; further, the equal rights determined by the Constitution cannot be denied.
Article 56: Excluding such penalties as given to an offender who has been duly found guilty by the Court, such practices as slavery, feudality, superiority of one class over another or involuntary service to the state may not take place within the boundaries of East Turkistan. Further, citizens are equal before the laws.
RESTRICTIONS OF RIGHTS OF THE GOVERNMENT
Article 57: With exclusion of the allocations determined by the law, no illegal expense shall be incurred by the East Turkistan Government. However, the Prime Minister is authorized, with the endorsement of the Parliament, to keep with him and spend some amount of funds required to defend the national security. The Parliament endorses the one-year financial budget of the state that is submitted by the Government. The Parliament shall have the budget expenses of the concerned Ministers and Institutes inspected every year by the Parliament’s Commission of Inspection and Control. The said Commission is composed of Members of Parliament, the number whereof is 3, 5, 7, 9 or and odd number.
Article 58: The East Turkistan Government may grant no titles of nobility to anyone. Public officials and Members of the Parliament may get no presents or ranks without the Parliament’s leave. Nevertheless, such titles, gifts and warrants are deemed concordant to the State’s national interests and as bear the character of honorarium might be received by public officials, Members of Parliament and other accomplished persons, in which regard they have the right not only receive but also give such an acknowledgement.
Article 59: The justice system of East Turkistan functions through the constitutional court--Supreme Court and Courts that are established with a law especially introduced by the Parliament. Judges and prosecutors are appointed by the Minister of Justice from among jurists who have completed their legal graduate education, who are of good conduct and are respected by the public. Judges and prosecutors fulfill their office with impartiality and justice.
Article 60: Defendants have the right to submit the decisions and decrees taken by a sub-Court to the Supreme Court of Appeal.
Article 61: The jurisdiction of East Turkistan is liable for the impartial execution of the laws introduced by the Constitution, the fulfillment of international judicial agreements and the realization of all the universal legal cases wherein the East Turkistan Republic shall take part.
Article 62: All cases are adjudicated at impartial courts upon the indictment of the Prosecutors.
Article 63: Treason against East Turkistan State is in question only when war is waged against it or one is affiliated with or helps enemies or invaders. Unless such offences are attested by two witnesses or the accused person confesses the offence at an impartial court, no one could be convinced of betrayal the country. The Parliament is vested with the authority to endorse the punishment of treason.
Article 64: Any article(s) of this very Constitution that will be deemed inappropriate by two-thirds of the Parliament could be amended. Nevertheless, the initial articles of this Constitution, viz. Article 1, 2, 3, 4, 5, 6, may not be changed nor even proposed to be changed. Those article amended are presented in an enclosure.
Article 65: The laws of East Turkistan shall consider those agreements that shall be concluded under the authority of the State as the supreme laws of the country and judges shall officiate in conformity to these laws. The Members of the Parliament, and Administrative and Judicial Functionaries shall ratify their loyalty with an oath and then take office.
Article 66: The Members of the Parliament-in-Exile of East Turkistan are elected by East Turkistanis every four years in the first week of October in a democratic way through a ballot, i.e. secret voting and open tallying of votes. The New Parliament assembles on the 12th day of November, chaired by the oldest Member of the Parliament and the new Members of Parliament start office after having taken oaths. After the oath the Parliament carries on its activities according to Article 12.
Article 67: The Members of the Parliament that were elected on 14th September, 2004 and the Minister shall remain in power and continue their task for a period of four years until the forth-coming election.
THE SUPREME COURT
Articles 68: The Supreme Court is founded and acts in accordance with laws introduced by the East Turkistan Parliament. The Supreme Court supervises whether the laws and decrees introduced by the Government as well as the Parliament’s regulations are in conformity with Constitution in both form and character. The Supreme Court is composed of nine members. The head of the Supreme Court is appointed by the Prime Minister. The members of the Supreme Court are elected by the Members of the Parliament.
Article 69: The Supreme Court with the Public Prosecutor’s indictment and the Parliament’s approval, the President, or the Prime Minister or other Ministers who caused severe harm to the national interests of the State are tried at the Supreme Court. The Supreme Court’s decision is final and may not be objected to.
Article 70: Introduced by Anwar Yusuf Turani (the founder of East Turkistan Government-in-Exile), the Constitution composed of Fouteen Parts and 70 Articles was unanimously accepted by the Members of Parliament that convened in Washington on 21st of November, 2004, and was announced on 22nd of November, 2004 at the National Press Club in Washington, DC. The text that will be taken as authoritative is the Uyghur-Turkish.