Summary of an Act
World Legislative Act #36
Directive for Mundialization of Guantanamo Bay
Short title:
“Guantanamo Bay Directive”
Gives reasons for invoking eminent domain, including globally strategic location of Guantanamo Bay at vital strait, and impossibility of reasonable national ownership and administration of Guantanamo Base, as well as for protection of human rights.
Cites respective clauses from Earth Constitution that give power (Article 4, Item 26) and authority (Article 16. Section A) of eminent domain to People of Earth.
Mundializes Guantanamo Base, all vessels and all properties within 5 kilometers of Guantamano Base ramparts or outer fences, whichever is greater, and all waters of bay, out unto generally recognized waters of Earth Federation. Declares World City of Guantanamo Bay. On at least provisional basis, Guantanamo Bay is declared World Federal Zone.
1. Defines geographic limits of Guantanamo Bay. Defines “Guantanamo Base”. Prohibits departure of any vessel from Guantanamo Bay that is equipped with weapons of mass destruction. Declares violation of this provision as unauthorized misappropriation, theft or transfer of world federal property - Class 3 felony, in addition to any other charges that may generate from type possession or use of misappropriated weapons, or other violation.
2. Directs beginning of conversion of vessels (air and sea) of Guantanamo Base to civil police capacity, or for Emergency Earth Rescue Administration operations, or if not possible, to disable vessels. Requires clean-up. Permits law-abiding officers and servicemembers of Guantanamo Base to conditionally relieve and arrest recalcitrant Commanding Officers.
3. Absolves Commander-in-Chief, intermediate officers and Commanding Officer of Guantanamo Base, and all other officers and Service Personnel from liability by supposedly higher authorities within United States military, NATO Alliance or United Nations security system, for refusal to obey national or international orders to violate this Act. Permits World Court to find that inappropriate subjurisdictional legal charges constitute impeding activities of agents of Provisional Earth Federation or Earth Federation. - Class 3 felony.
Recognizes and reminds regarding nationality rights.
4. Denies jurisdiction of United States and Cuba within Guantanamo Bay. Declares detainees world kidnap victims. Requires Guantanamo Base Commanding Officer to release detainees. Reminds World Court to observe also principle of habeas corpus. Quotes applicable law and penalty classifications. Permits law-abiding officers of Guantanamo Base to conditionally relieve and arrest recalcitrant Commanding Officers.
5. Declares conditions for partial or full amnesty for officers, service members and veterans of Guantanamo Base.
Excludes amnesty regarding civil charges of torture for civil cases. Guarantees travel freedom.
6. Declares and defines further protections, benefits and conditions, including conditional retention of instruments of defense . Creates salary accounts for residents of Guantanamo Bay.
7. Defines conditions for Habitat and Settlement Ministry together with Ministry of Revenue to receive Guantanamo Bay rents. Assigns interim revenue arrangements. Declares mundialization to operate by value tax assessment for land and harbor space usage based on Earth Federation assessed appreciation values, as well as for assessed value of mundialized marine vessels.
8. Requires Earth Federation to arrange and pay fair remuneration to Cuban government for mundialization of Guantanamo Bay, which may include perpetual portion of income from land rent tax collected by Earth Federation for lease of Guantanamo Bay land and harborage. Conditionally permits Cuba Government to sue through World Court if agreed terms are not met or kept by World Parliament. Subjects status of World Federal Zone to plebiscite by people of Cuba after final ratification of Earth Constitution by people of Cuba.
9. Requires Commanding Officer of Guantanamo Base to preserve dock works intact to Earth Federation. Reserves dock works together with additional 40% of lands circumscribed by mundialization, including up to 40% of beachfront in excess of docks and 40% of lands of Guantanamo Bay for administrative offices, residences, parks and shipyards of Earth Federation.
10. Grants conditionally to Cuban civilians first option to lease land. Requires lessees to ratify Earth Constitution, agree to abide by world legislation, including system of land value taxation. Permits conditionally civilians to apply for and receive land rent tax exemption.
11. Defines terms for Non-governmental Organizations and civil society organizations to lease land, vessels and harbor space.
12. Defines terms to permit Government of Cuba to lease land, vessels and harbor space.
13. Defines terms for lease of Guantanamo Bay land and harbor space to general public, including veterans.
14. Requires demilitarization of all vessels before leaving port of Guantanamo Bay. Subjects vessels to inspection by Earth Federation authorities. Requires prior vessel clearance for leaving port.
15. Establishes Guantanamo Bay Governing Board of up to 47 Members, to include municipal council and mayor. Defines sources of directors of Governing Board. Defines qualifications, terms, duties, conditions and replacements of Governing Board members. Permits Interim Municipal Council and Interim Mayor. Permits initial Board Meetings to begin.
16. Creates posts of Guantanamo Bay Harbor Master and Assistant Harbor Masters, including qualifications, manner of appointment and duties. Requires vessel compliance to Harbor Master team and generally-recognized international rules for harbor operation, not in conflict with Earth Federation and world legislation.
Directs Harbor Master team to propose rules and penalties for violation.
17. Protects freedom of expression and recommends courteous expression, particularly regarding display of colors.
18. Declares and defines provisions for amnesty windows.
19. Declares grounds for demanding compliance and defines framework objectives for establishing compliance.
20. Requires Presidium to establish exterior relations. Welcomes managed immigration and visits to Guantanamo Bay. Encourages protection of Guantanamo Bay by residents and visitors.
21. Assumes all further costs and responsibility for general administration, clean-up, development and protection of harbor and lands at Guantanamo Bay.
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Guantanamo Bay Act was adopted April 2006, as World Legislative Act #36 by the
ninth session of the provisional World Parliament, meeting in Tripoli in conformance with Article 19 of the Constitution for the Federation of Earth. The Act was amended at the tenth session of provisional World Parliament, meeting June 2007 at Kara, Togo, West Africa.
Attested:
Eugenia Almand, JD, Secretary
Provisional World Parliament