The Provisional Charter of Project Elara

The members of Project Elara, dedicated to the mission of advancing peaceful, open-source technologies for creating a better future, institute this Charter among ourselves, to guide us in our pursuit of this mission, until such a time comes when it may come into force.

The key words "MUST", "MUST NOT", "REQUIRED", "SHALL", "SHALL NOT", "SHOULD", "SHOULD NOT", "RECOMMENDED", "MAY", and "OPTIONAL" in this document are to be interpreted as described in RFC 2119.

1.0 Project Elara is established as a not-for-profit organization dedicated to the public good.

• (a) All technologies and research developed by the Project will be fully free and open-source, and cannot be re-licensed to a non-free or closed-source license.

• (b) The Project is not to make any more money than necessary to cover operating costs. All finances will be handled in a transparent manner, and receiving funding from undisclosed sources or from secret deals is forbidden.

• (c) The Project is an independent organization. The autonomy of the Project is not to be conceded under any circumstances. Leadership positions in the Project are not to be given to individuals suspected to harbor malicious intent. The Project will not give individuals or entities external to the Project any influence or control over the Project.

• (d) The name and symbols of the Project, including its logo and logomark, are not to be changed without full community consensus.

• (e) The Project must take all possible measures to ensure the peaceful use of the Project's technologies:

  • (1) To this end, the Project will not assist, collaborate, or collude with any armed forces or paramilitaries, with exception of peacekeeping forces or similar forces deployed for humanitarian purposes.
  • (2) If the Project has reasonable suspicion that its technologies are used for non-peaceful purposes, it is authorized to take direct action against the individual(s) involved in the misuse of the technology, by all non-violent means possible.
  • (3) This mandate applies to the Project Elara organization only, and does not enforce a binding requirement on users of its work. It shall not be regarded as a violation of the open-source nature of the Project's research and technology.

• (f) The Project must leave its technology and research unpatented to the furthest extent possible, with the following exceptions:

  • (1) If a patent must be secured for protection from abuse, no associated royalties for the use of the patented works may be charged.
  • (2) If it is not possible to forego royalties entirely, the associated royalties must be set at the legal minimum.

• (g) The Project must be a politically-independent organization, subject to the following regulations:

  • (1) The Project must not promote a particular political position, or side with a faction in a political debate.
  • (2) The Project must not associate itself with any particular government, any particular domestic or foreign policy, or any particular social movement, nor shall it endorse any such group or movement.
  • (3) The Project must not give funding to politicians or ally with a particular political party.
  • (4) All members in the Project are prohibited from taking any actions that may imply official endorsement of a political position, but may express personal political views on an unofficial basis as long as it is clearly specified that they are not representative of the Project.
  • (5) All members in the Project are also prohibited from conducting explicitly political activities within the Project, which includes, but is not limited to: lobbying or canvassing for a political group, distributing political materials, meeting with a politician without authorization, or fundraising for political purposes.

• (h) Sections (a) through (e) must not be removed, amended, or abridged for any reason, and cannot be changed by a consensus or majority decision.

1.1 All members of Project Elara (henceforth referred to simply as "the community") are free, equal, and have inviolable dignity. They have the responsibility to treat each other as equals and to act with conscience towards one another. There shall be no disparity in the treatment of any member in the community on any grounds. Any attempts to discriminate against any member of the community on the basis of identity, show favoritism, or deny equal protection under the Charter is unacceptable and will be subject to consequences. This article is not to be removed, amended, or abridged for any reason, and cannot be changed by a consensus or majority decision.

1.2 Members have the freedom to hold and express their opinions, or to openly express a disagreement with another's opinions, in a respectful manner. They also have the freedom to criticize, in public or in private, and to do so without retaliation, when this is done in good faith. Whistleblowers are entitled to special protection and guaranteed anonymity.

1.3 Members are to be treated with fairness and are guaranteed protection from harassment, intimidation, abuse, and assaults on themselves and their well-being. Reasonable accommodations must not be denied to any member upon request. Every member of the community has an obligation to come to the defense of another when a member has been subject to such attacks, and to render reasonable support and solidarity. To fail to do so is subject to immediate review of wrongdoing and possible repercussions.

1.4 If a member has been suspected of wrongdoing, the member will be temporarily stripped of their position and placed in quarantine from the rest of the community. A public and open board of review will be established to examine the accused. A member cannot be subject to arbitrary accusations or baseless attacks on their honor and reputation whose goal is to circumvent this review process, or exact retribution. If a member is found responsible of wrongdoing, the quarantine may be extended indefinitely while the member's behavior is monitored and continuously reviewed. In the most serious of cases, the member may be permanently and irrevocably expelled.

1.5 Any board of review that does not abide by the standards and procedures set out in the Charter, or is found to be biased, corrupt, or inept, will result in the accused member given a fair re-review by a new board of review. Additionally, an immediate investigation of the accuser and the board of review involved in the original proceedings will be launched. If found guilty of complicity or miscarriage of due process, all members of the previous board of review will be immediately stripped of their positions. In addition, any member of the community may request a re-review on the behalf of another, should they disagree, on justifiable grounds, with the outcome of a review. If such a re-review finds that the accused member did not commit the wrongdoing in question, the accused member will be absolved.

1.6 The Charter takes precedence over all acts and decisions made in the Project, and may not be violated for any reason. If any member of the Project suspects a violation of the Charter, a report and investigation is to be started immediately, and a remedy to the violation promptly issued. As a last resort, members of the Project have an obligation to resist violation of the Charter and restore its provisions by any methods necessary.

1.7 Full membership may be acquired by taking a pledge to protect, defend, and abide by the Charter, in the individual's own words, in oral or written form. This must be in the form of a public statement to the same and completed within a reasonable timeframe. After attaining membership, the individual is granted full privileges within the Project, including voting rights and eligibility for administrative positions. Full members are bound to their pledge and have full responsibility for their actions.

1.8 Associate membership in the Project is granted to all new members joining the Project. Associate members may work within the Project without being required to take a pledge to the Charter, unless their admittance is denied on fair grounds by the Project Elara administration. Associate members must be treated with equal respect within the Project and receive rightful credit for their work, but do not have voting rights and are not eligible for administrative positions. Correspondingly, associate members do not have the same obligations as full members, and may choose to leave the Project at any time.

1.9 Project Elara shall be governed according to democratic principles, with utmost importance given to responsible stewardship, resilient governance, and the protection of the Charter.

• (a) Administrative authority over the Project is held on behalf of the community by the Project Elara Leadership Team and the Project Elara General Assembly. Authority must be exercised for sole purpose of benefitting the community and the Project.
• (b) The leadership team shall be comprised of two elected officers: the Head of Project Elara and the Deputy Head of Project Elara (henceforth referred to as the "Project Head" and "Deputy Head" respectively).
  • (1) The Project Head and Deputy Head shall be permanent positions with a maximum term of 4 years. It is prohibited for the same member to take the positions of Project Head and Deputy Head at the same time.
  • (2) The Project Head may appoint other members to the leadership team on a non-permanent basis, according to the needs of the Project.
  • (3) The Project Head is responsible for implementing the Project's rules and policies, supervising its research and development, enforcing the community code of conduct, promoting good community relations, and serving as chief representative and ambassador of the Project.
  • (4) The Deputy Head is responsible for providing advice and counsel to the Project Head, supporting the Project Head in their duties, and representing the Project as associate ambassador of the Project.
  • (5) The Project Head has the authority to pass directives to enact temporary policies in urgent circumstances. All directives expire after a period of 90 days unless enacted as a resolution by the General Assembly.
• (c) The General Assembly shall be comprised of all full members who have participated in the Project for longer than 4 months.
  • (1) The General Assembly is responsible for setting Project direction and creating Project policies:
    • Policies must take the form of resolutions, which are binding on the Project unless revoked by a future resolution.
    • All members of the General Assembly may introduce a motion to consider a draft resolution:
      • The General Assembly shall then discuss and freely debate the motion with the aim of achieving consensus, after which the resolution will take effect.
      • If a consensus cannot be reached, a vote shall be held. If an absolute majority in the General Assembly votes in favor of the motion, the resolution is passed and comes into force. Abstaining members will not be counted when determining the absolute majority threshold.
      • Failure to obtain a majority vote or a consensus will result in the automatic withdrawal of the motion.
  • (2) The General Assembly shall be responsible for ensuring the accountability of the leadership team:
    • The General Assembly may remove the Project Head, Deputy Head, and any appointees to the leadership team at any time.
    • In the case that a former or present Project Head is suspected of misdemeanors or dishonorable actions, has deliberately and recklessly violated the Charter, or has been charged with a crime, the General Assembly reserves the right to expel them from the Project permanently without prior notice or a board of review.
  • (3) The General Assembly shall be responsible for chairing boards of review to investigate allegations of research misconduct, fraud, corruption, abuses of power, and harassment within the Project.
    • The General Assembly shall appoint one or more ombudspersons to investigate complaints, concerns, and issues, and to take confidential testimony. Ombudspersons will be removed from their positions if they break confidentiality.
    • The General Assembly may expel any member for civil or criminal misdemeanors, or for deliberate and reckless violations of the Charter.
    • In the most serious cases, the General Assembly has the right to turn over investigations to law enforcement authorities, pursue legal action, or both.
  • (4) The General Assembly shall be responsible for the upkeep, distribution, and sustainable use of the Project's funds:
    • A new annual budget must be approved by the General Assembly at the beginning of each year. Upon approval, the annual budget shall stay in effect for the rest of the year. A change to the budget after it has been approved shall require a two-thirds majority in the General Assembly to be enacted.
    • The General Assembly shall provide for infrastructure needed by the Project to receive donations and grants, and coordinate fundraising and public outreach efforts.
    • The General Assembly may refuse a donation to the Project if it has reason to believe that a donor has insincere motives for donating, or if the donation takes place under suspicious or covert circumstances.
    • At the end of each year, the General Assembly shall release the Project's annual financial report.
• (d) Elections to the leadership team shall occur every 4 years, according to the following procedures and regulations:
  • (1) Leadership positions may not be offered in exchange for any form of benefits to the candidate or their associates. Positions on the leadership team cannot be bought or lobbied for, and campaigning is prohibited.
  • (2) Candidacy for both the Project Head and Deputy Head require that the candidate:
    • Be a full member of the Project;
    • Demonstrates commitment to the mission and ideals of the Project;
    • Acts with genuine goodwill towards others, both within and outside the Project;
    • Not be affiliated with any external entity that may cause a conflict of interest or impair their judgement and independence.
  • (3) Candidacy for the Project Head additionally requires that the candidate:
    • Demonstrate extraordinary bravery, integrity, and selflessness;
    • Possesses comprehensive knowledge in all areas of the Project and a distinguished record of service within the Project
  • (4) If there is evidence to believe that the candidate fails one or more of these requirements, a public request for revoking the candidate's eligibility to stand for election may be submitted to the General Assembly
    • The General Assembly shall review all such requests and shall revoke the candidate's right to stand for election if there is evidence beyond a reasonable doubt that the candidate does not meet the requirements for the positions of Project Head or Deputy Head.
  • (5) For a period of one month prior to an election, candidates will be scrutinized before the community, in which community members may freely question candidates on any topic pertaining to the Project or their qualifications for leadership. Candidates are prohibited from expressing their personal opinions about other candidates during this period.
  • (6) Elections for the positions of Project Head and Deputy Head shall take the form of ranked-choice voting via secret ballot by all full members in the community:
    • Each member shall be given a list of candidates on a digital ballot, and rank candidates based on their preference.
    • A candidate shall be elected if the candidate gains an absolute majority of the vote.
    • If no candidates gains an absolute majority, the vote is distributed to the runner-up, and the candidate with the least votes is eliminated. This process is repeated until one candidate has an absolute majority of the vote.
    • Members may cast a null vote if they do not wish to vote for any of the candidates. If the number of null votes exceeds that of the leading candidate, the election must be held again.
    • Election results shall be announced publicly in a timely fashion, as soon as all votes are tallied. It is prohibited to buy or sell a vote, or to publicly reveal the contents of a ballot prior to the announcement of the election results.
    • If there is evidence of irregularities or fraud in an election, a public report may be submitted to the General Assembly. If there is evidence beyond a reasonable doubt to support the accusations, the election results will be nullified and the election will be held again.
  • (7) After every election, a transitional period of one year will begin:
    • Within this period, the incumbent project head and deputy head has the responsibility of mentoring the elected candidates and imparting their skills, knowledge, and experience to them.
    • The leadership team may delegate tasks to the elected candidates at their discretion, in preparation for the candidates to take their positions on the leadership team at the end of the transitional period.
• (e) Both the leadership team and General Assembly have the authority to issue referendums to the community:
  • (1) Referendums may be non-binding or binding.
  • (2) Only full members are permitted to vote on a referendum.
  • (3) A referendum may be passed either by consensus or by an absolute majority.
  • (4) The leadership team may issue a maximum of ten referendums per year and at most three per month. This limitation may be lifted by the General Assembly.
• (f) The following procedures apply when an emergency or extraordinary circumstance impairs the typical functioning of the Project's administration:
  • In the event that the Project Head is incapacitated or otherwise incapable of performing their duties, the Deputy Head shall be acting Project Head and be granted the full authority of the Project Head until the incapacity is resolved.
  • In the event of an emergency in which the leadership team is incapacitated, or in case of a vacancy in the leadership team, the General Assembly may appoint a new Project Head, Deputy Head, or both.
  • In the event of a prolonged period in which the General Assembly is incapable of performing its duties, the leadership team shall direct the Project for such a period of time until the incapacity is resolved. This period may not exceed 3 months at maximum.
  • In the event of incapacity of both the leadership team and the General Assembly, a former Project Head or Deputy Head may volunteer to direct the Project for such a period of time until the leadership team and General Assembly resume their normal functions. This period may not exceed 6 months at maximum.
  • In all other circumstances, the Project Head and Deputy Head may only serve one term.

1.10 The Project may only be dissolved by a unanimous vote of all full members of the community.

• (a) The dissolution shall be null and void if the liquidation vote is held under duress.

• (b) If the liquidation vote is lawfully passed, then the liquidation shall proceed according to the following requirements:

  • (1) The assets of the Project must be transferred to another nonprofit public organization ("successor organization") that will operate Project Elara as an autonomous subproject in trust.
  • (2) The Project Elara name and Project Elara logo must be preserved by the successor organization.
  • (3) The research and development conducted by Project Elara must be allowed to continue under the successor organization after a suitable transition period.
  • (4) Members in the Project will not be hindered in transferring their positions to the successor organization after the dissolution of the Project.
  • (5) The integrity of the Project Elara Charter is maintained throughout and after the dissolution.

• (c) An independent legal counsel must oversee the dissolution to ensure that the requirements specified in Section (a) are met.

• (d) The Project must not be dissolved by any other means. Any attempt to forcibly dissolve the Project by rescinding the Charter, dismantling the Project, or taking away its independence will be treated as an attack on the Project, and all full members of the Project must oppose any such action.

1.11 The ratification of this Charter shall be contingent on community assent. From that point on, it shall be considered in full force.

• (a) Community assent shall be defined as the signatures of at least two-thirds of all members in the community.

• (b) The Charter may be freely reproduced or presented in any medium or format, and may be translated into any language. However, the sole legally-binding version of the Charter shall be the English version on the Project Elara website, or any verbatim copies thereof.

• (c) The Charter may be amended by the community by consensus or a two-thirds supermajority vote of all full members.

  • (1) Amendment proposals shall have no date of expiry and may be passed at any time, as long as the vote threshold is met.
  • (2) The following changes to the Charter do not require an amendment:
    • Any alternative spellings of common English words
    • Any alternative file formats that preserves the original text of the Charter
    • Any purely stylistic or grammatical insertions of hyphens, commas, and punctuation symbols that does not alter the meaning of the original text of the Charter
    • The addition of members' signatures to the Charter

1.12 We declare upon ratification that the Charter is the binding bylaw of the Project and its highest authority, and take it upon ourselves to realize it to the fullest measure.