by Kelvyn Alp

Preamble 

In the face of oppression, tyranny and the denial of fundamental rights, declaring an independent nation state is a necessary step towards reclaiming sovereignty and building a free and just society. Throughout history, people have been subjected to the whims of oppressive regimes and stripped of their autonomy and dignity. It is time to assert that sovereignty belongs to all men and women and that we have the right to govern ourselves, free from external control. This declaration is a call to action, a statement of intent and a beacon of hope for those seeking freedom and self-determination.

Introduction

The Montevideo Convention of 1933 provides a framework for nations to assert their sovereignty and independence. This article will explore the essential elements required to establish a new nation state, the steps to achieve independence and the necessary components of a free and just society.

Elements Required for a New Nation State under the Montevideo Convention:

1. Permanent Population: A defined and permanent population is essential for statehood.
2. Defined Territory: A clearly defined and established territory is necessary.
3. Government: A functional and effective government is required.
4. Capacity to Enter into Relations with Other States: The ability to engage in diplomatic relations and international cooperation.

Steps to Achieve Independence:

1. Declaration of Independence: A formal declaration, signed by representatives of the people, announcing the formation of a new nation state.
2. International Recognition: Seek recognition from other nations, and establish mutually beneficial diplomatic relations.
3. Constitution: Draft a constitution that limits government powers and enshrines people’s rights as absolute.
4. Currency and Passports: Establish a national currency and issue passports, symbolizing sovereignty.
5. Government Formation: Create a functional government, separate from the oppressive regime.
6. International Relations: Establish diplomatic ties with other nations, fostering cooperation and trade.
7. National Symbols: Adopt a national flag, anthem, and coat of arms, representing national identity.
8. National Institutions: Establish a national judiciary, legislature, and executive, ensuring separation of powers.
9. Economic Independence: Develop a self-sufficient economy, free from external control.
10. International Cooperation: Engage in mutually beneficial relationships with other nations, promoting peace and prosperity.

Necessity of a Constitution

A constitution is the foundation of a free society, ensuring government accountability and protecting people’s rights. It must:

1. Limit Government Powers: Clearly define and restrict government authority.
2. Enshrine People’s Rights: Protect fundamental rights, such as freedom of speech, assembly, and religion.
3. Ensure Due Process: Guarantee fair trials, equality before the law, and protection from arbitrary detention.
4. Separate Powers: Establish a system of checks and balances among the legislative, executive, and judicial branches.

Legal Fictions and the Deception of the State

Governments often use legal fictions, such as “persons,” to deceive and manipulate their people. It is crucial to understand that these fictions do not apply to living beings, only to fictional entities. Recognizing this distinction is vital in reclaiming sovereignty and building a just society.

Conclusion

Establishing a new nation state under the Montevideo Convention requires careful consideration of the essential elements and steps outlined above. By prioritizing the rights and freedoms of the people, and limiting government powers, a free and just society can be built. Remember, the power lies with the people, and it is time to reclaim it. People have the right to decide who they shall establish diplomatic relations with, and it shall be based on mutual benefits and cooperation.

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