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[PASSED] Rights of Indigenous Peoples

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Xecriussau
Secretary
 
Posts: 31
Founded: May 22, 2015
Ex-Nation

Postby Xecriussau » Sun May 31, 2015 2:32 pm

Separatist Peoples wrote:"Ritual sacrifice is not a punitive state-mandated punishment for a crime. It is not an execution. Even by that interpretation, it would not be banned."


My friend, you read much to literally. First define state-mandated. It is not defined within the international law cited. So, here we have a people within a sovereign nation who have condemned one to die. Often, these forms of sacrifice are as a payment to the gods to bring some favor. In essence, it is a payment for the group's sins. Said in another fashion: it is paying for all the group's crimes. As such it is the "sponsored and orchestrated death of an individual as their punishment for committing a crime". Show me one person who has not committed a sin (which is the equivalent of a crime in many primitive cultures). One could then argue that putting a person to death in this fashion is clearly an execution. However, it would run afoul of provision 4 where there is no trial let alone a separate sentencing portion of the trial.

As you can see, it is not very difficult to argue ritual murder or sacrifice is against international law as it currently stands. I'm afraid this does put some pretty damaging holes in your current theory...
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Excidium Planetis
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Founded: May 01, 2014
Ex-Nation

Postby Excidium Planetis » Sun May 31, 2015 3:30 pm

Xecriussau wrote:
Separatist Peoples wrote:"Ritual sacrifice is not a punitive state-mandated punishment for a crime. It is not an execution. Even by that interpretation, it would not be banned."


My friend, you read much to literally. First define state-mandated. It is not defined within the international law cited. So, here we have a people within a sovereign nation who have condemned one to die. Often, these forms of sacrifice are as a payment to the gods to bring some favor. In essence, it is a payment for the group's sins. Said in another fashion: it is paying for all the group's crimes. As such it is the "sponsored and orchestrated death of an individual as their punishment for committing a crime". Show me one person who has not committed a sin (which is the equivalent of a crime in many primitive cultures). One could then argue that putting a person to death in this fashion is clearly an execution. However, it would run afoul of provision 4 where there is no trial let alone a separate sentencing portion of the trial.

As you can see, it is not very difficult to argue ritual murder or sacrifice is against international law as it currently stands. I'm afraid this does put some pretty damaging holes in your current theory...


First, not all ritual sacrifice is an atonement for sins. So at best, your logic only bans some ritual murders, not all.
Second, who is to say there is no trial? Ritual sacrifice can very well have a trial. If, as you say, everyone has sin, then this can be easily proven in a trial, and the person can be killed in a ritual murder normally illegal by a nation's laws but now legal because of this resolution!.
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Barometria
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Posts: 155
Founded: Aug 03, 2012
Ex-Nation

Postby Barometria » Sun May 31, 2015 3:38 pm

Excidium Planetis wrote:
Xecriussau wrote:
My friend, you read much to literally. First define state-mandated. It is not defined within the international law cited. So, here we have a people within a sovereign nation who have condemned one to die. Often, these forms of sacrifice are as a payment to the gods to bring some favor. In essence, it is a payment for the group's sins. Said in another fashion: it is paying for all the group's crimes. As such it is the "sponsored and orchestrated death of an individual as their punishment for committing a crime". Show me one person who has not committed a sin (which is the equivalent of a crime in many primitive cultures). One could then argue that putting a person to death in this fashion is clearly an execution. However, it would run afoul of provision 4 where there is no trial let alone a separate sentencing portion of the trial.

As you can see, it is not very difficult to argue ritual murder or sacrifice is against international law as it currently stands. I'm afraid this does put some pretty damaging holes in your current theory...


First, not all ritual sacrifice is an atonement for sins. So at best, your logic only bans some ritual murders, not all.
Second, who is to say there is no trial? Ritual sacrifice can very well have a trial. If, as you say, everyone has sin, then this can be easily proven in a trial, and the person can be killed in a ritual murder normally illegal by a nation's laws but now legal because of this resolution!.


Also, if we're not to interfere in their affairs, how could we even investigate specific ritual murders to determine whether or not they are protected?

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Cooper Station
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Founded: Feb 21, 2015
Ex-Nation

Postby Cooper Station » Sun May 31, 2015 3:40 pm

Xecriussau wrote:Often, these forms of sacrifice are as a payment to the gods to bring some favor.

No, they aren't. Gods don't exist.

Xecriussau wrote:Show me one person who has not committed a sin (which is the equivalent of a crime in many primitive cultures).

All people. Sins don't exist.
Last edited by Cooper Station on Sun May 31, 2015 3:41 pm, edited 1 time in total.

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Excidium Planetis
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Ex-Nation

Postby Excidium Planetis » Sun May 31, 2015 3:57 pm

Cooper Station wrote:
Xecriussau wrote:Often, these forms of sacrifice are as a payment to the gods to bring some favor.

No, they aren't. Gods don't exist.

Yeah they do. People invented them.

Cooper Station wrote:
Xecriussau wrote:Show me one person who has not committed a sin (which is the equivalent of a crime in many primitive cultures).

All people. Sins don't exist.

They do exist. Whether or not you believe a god said not to lie has no bearing on the fact that people consider it a sin.
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The Eternal Kawaii
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Ex-Nation

Postby The Eternal Kawaii » Sun May 31, 2015 7:56 pm

In the Name of the Eternal Kawaii, may the Cute One be praised

As we understand it, the chief argument against this proposal is that it would give indigenous tribes carte blanche to live like savages. We would argue that, if they choose do do so, then is not the most fitting punishment allowing them to live in their savage state?
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Excidium Planetis
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Ex-Nation

Postby Excidium Planetis » Sun May 31, 2015 9:07 pm

The Eternal Kawaii wrote:In the Name of the Eternal Kawaii, may the Cute One be praised

As we understand it, the chief argument against this proposal is that it would give indigenous tribes carte blanche to live like savages. We would argue that, if they choose do do so, then is not the most fitting punishment allowing them to live in their savage state?


Until they start kidnapping your people in order to offer their hearts to the Sun God. And of course, you can't stop them because that would be infringing on their culture.
Current Ambassador: Adelia Meritt
Ex-Ambassador: Cornelia Schultz, author of GA#355 and GA#368.
#MakeLegislationFunnyAgain
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Hackonia
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Posts: 14
Founded: Oct 30, 2006
Ex-Nation

Postby Hackonia » Sun May 31, 2015 9:25 pm

Excidium Planetis wrote:
The Eternal Kawaii wrote:In the Name of the Eternal Kawaii, may the Cute One be praised

As we understand it, the chief argument against this proposal is that it would give indigenous tribes carte blanche to live like savages. We would argue that, if they choose do do so, then is not the most fitting punishment allowing them to live in their savage state?


Until they start kidnapping your people in order to offer their hearts to the Sun God. And of course, you can't stop them because that would be infringing on their culture.


Surely our own people would still be under the protection of the nation's laws. This proposal provides some form of protection, in terms of allowing indigenous people to maintain their cultural heritage - such as art and literature. but it does not make them first class citizens while relegating the rest of the population to second class status. If the indigenous people try to start reverting back to their barbaric ways then they will quickly find that their cultural protections do not extend to violating the existing laws set in place to protect the lives and property of the national residents. The indigenous people will not have their own autonomous government, police force, or any other methods of enforcing their outdated or barbaric rules and desires.

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Defwa
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Founded: Feb 11, 2014
Ex-Nation

Postby Defwa » Sun May 31, 2015 9:30 pm

Hackonia wrote:
Excidium Planetis wrote:
Until they start kidnapping your people in order to offer their hearts to the Sun God. And of course, you can't stop them because that would be infringing on their culture.


Surely our own people would still be under the protection of the nation's laws. This proposal provides some form of protection, in terms of allowing indigenous people to maintain their cultural heritage - such as art and literature. but it does not make them first class citizens while relegating the rest of the population to second class status. If the indigenous people try to start reverting back to their barbaric ways then they will quickly find that their cultural protections do not extend to violating the existing laws set in place to protect the lives and property of the national residents. The indigenous people will not have their own autonomous government, police force, or any other methods of enforcing their outdated or barbaric rules and desires.

This soon to be repealed soon to be resolution explicitly says you can't stop them! You will be required to allow them to harm your citizens.

Everyone in Defwa can claim lineage from some outdated wizard and based on their religion are considered culturally different from those that worship and descend from another wizard. Pretty much all of these wizards, from hundreds of years ago, have no rule against murder when done to anyone who is not the property of the patron wizard.
I simply can't wait to see future murderers claiming indigenous heritage when brought to court.
Last edited by Defwa on Sun May 31, 2015 9:43 pm, edited 1 time in total.
__________Federated City States of ____________________Defwa__________
Federation Head High Wizard of Dal Angela Landfree
Ambassadorial Delegate Maestre Wizard Mikyal la Vert

President and World Assembly Delegate of the Democratic Socialist Assembly
Defwa offers assistance with humanitarian aid, civilian evacuation, arbitration, negotiation, and human rights violation monitoring.

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Hackonia
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Founded: Oct 30, 2006
Ex-Nation

Postby Hackonia » Sun May 31, 2015 10:19 pm

Defwa wrote:
Hackonia wrote:
Surely our own people would still be under the protection of the nation's laws. This proposal provides some form of protection, in terms of allowing indigenous people to maintain their cultural heritage - such as art and literature. but it does not make them first class citizens while relegating the rest of the population to second class status. If the indigenous people try to start reverting back to their barbaric ways then they will quickly find that their cultural protections do not extend to violating the existing laws set in place to protect the lives and property of the national residents. The indigenous people will not have their own autonomous government, police force, or any other methods of enforcing their outdated or barbaric rules and desires.

This soon to be repealed soon to be resolution explicitly says you can't stop them! You will be required to allow them to harm your citizens.

Everyone in Defwa can claim lineage from some outdated wizard and based on their religion are considered culturally different from those that worship and descend from another wizard. Pretty much all of these wizards, from hundreds of years ago, have no rule against murder when done to anyone who is not the property of the patron wizard.
I simply can't wait to see future murderers claiming indigenous heritage when brought to court.


The government of Hackonia simply will not sit by while our people are turned into second class citizens for the sake of protecting the culture of some failed tribes. If the WA goes through with this overly ambiguous and troublesome proposal, then our government will comply with the law as our legal team has previously defined it. Everyone in Hackonia will be treated with equal protection under the law, there will be no second class citizens. If the WA has a supreme court-like body to help define the law then we will await their final interpretation. If no such body exists, and if the WA has no methods for clarifying the law, then we will declare ourselves in full compliance - without needing to worry about ritualistic murders towards any deities that may or may not need pleasing.
Last edited by Hackonia on Sun May 31, 2015 10:31 pm, edited 1 time in total.

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Excidium Planetis
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Founded: May 01, 2014
Ex-Nation

Postby Excidium Planetis » Sun May 31, 2015 11:01 pm

Hackonia wrote:
Excidium Planetis wrote:
Until they start kidnapping your people in order to offer their hearts to the Sun God. And of course, you can't stop them because that would be infringing on their culture.


Surely our own people would still be under the protection of the nation's laws. This proposal provides some form of protection, in terms of allowing indigenous people to maintain their cultural heritage - such as art and literature. but it does not make them first class citizens while relegating the rest of the population to second class status. If the indigenous people try to start reverting back to their barbaric ways then they will quickly find that their cultural protections do not extend to violating the existing laws set in place to protect the lives and property of the national residents. The indigenous people will not have their own autonomous government, police force, or any other methods of enforcing their outdated or barbaric rules and desires.


But those laws you have to protect your citizens by necessity limit the culture of your indigenous peoples. Therefore, you are in violation of this resolution's operative clause, which prohibits your nation from forcibly limiting indigenous culture.
Current Ambassador: Adelia Meritt
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CreepyCut
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Founded: Feb 22, 2015
Ex-Nation

Postby CreepyCut » Mon Jun 01, 2015 4:26 am

Well, so much for turning the tables...

Fortunately it doesn't affect my region in a role-play sense.
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Separatist Peoples
GA Secretariat
 
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Founded: Feb 17, 2011
Left-Leaning College State

Postby Separatist Peoples » Mon Jun 01, 2015 5:00 am

Xecriussau wrote:
Separatist Peoples wrote:"Ritual sacrifice is not a punitive state-mandated punishment for a crime. It is not an execution. Even by that interpretation, it would not be banned."


My friend, you read much to literally. First define state-mandated. It is not defined within the international law cited. So, here we have a people within a sovereign nation who have condemned one to die. Often, these forms of sacrifice are as a payment to the gods to bring some favor. In essence, it is a payment for the group's sins. Said in another fashion: it is paying for all the group's crimes. As such it is the "sponsored and orchestrated death of an individual as their punishment for committing a crime". Show me one person who has not committed a sin (which is the equivalent of a crime in many primitive cultures). One could then argue that putting a person to death in this fashion is clearly an execution. However, it would run afoul of provision 4 where there is no trial let alone a separate sentencing portion of the trial.

As you can see, it is not very difficult to argue ritual murder or sacrifice is against international law as it currently stands. I'm afraid this does put some pretty damaging holes in your current theory...


"Simply untrue. An execution is only a lawful execution and not murder when done with judicial backing from a court decision. Ergo, a ritual sacrifice carried out by a non-representative of the judiciary with no trial is not an execution, but a murder. There exists no WA law against murder. Therefore, it is not illegal. This law prevents us from stopping exactly that."

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Separatist Peoples should RESIGN!

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Xecriussau
Secretary
 
Posts: 31
Founded: May 22, 2015
Ex-Nation

Postby Xecriussau » Mon Jun 01, 2015 5:27 am

Excidium Planetis wrote:
First, not all ritual sacrifice is an atonement for sins. So at best, your logic only bans some ritual murders, not all.
Second, who is to say there is no trial? Ritual sacrifice can very well have a trial. If, as you say, everyone has sin, then this can be easily proven in a trial, and the person can be killed in a ritual murder normally illegal by a nation's laws but now legal because of this resolution!.


My friend, perhaps you are correct, but if we as sovereign nations are not allowed to investigate to determine what is actually transpiring due to the nature of the proposed legislation before us then we cannot verify the veracity of the legal process within such indigenous groups.

And as I said, it was only one possible argument a clever lawyer could use and it pains me that I must do the thinking here and provide more examples. However, as the resolution is destined to pass within the next three hours, I will not continue this debate.

Let the sensationalists have their ritualistic murder. :roll:
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Mundiferrum
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Founded: Apr 07, 2011
Democratic Socialists

Postby Mundiferrum » Mon Jun 01, 2015 7:37 am

Mundiferrum is very, very glad to announce that we are voting FOR this proposal

's repeal. This is a terrible resolution, for the reasons so stated.
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Excidium Planetis
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Founded: May 01, 2014
Ex-Nation

Postby Excidium Planetis » Mon Jun 01, 2015 10:11 am

Frisbeeteria wrote:The General Assembly resolution Rights of Indigenous Peoples was passed 9,611 votes to 5,657, and implemented in all WA member nations.


Which was followed immediately by natives beginning record amounts of human sacrifice, witch doctors killing patients with cultural medicine practices, and people generally engaging in backwards customs because they could...
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Kaboomlandia
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Founded: May 22, 2013
Ex-Nation

Postby Kaboomlandia » Mon Jun 01, 2015 11:07 am

Two illegal repeal attempts have already been submitted. That didn't take long :palm:
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Excidium Planetis
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Founded: May 01, 2014
Ex-Nation

Postby Excidium Planetis » Mon Jun 01, 2015 11:17 am

Kaboomlandia wrote:Two illegal repeal attempts have already been submitted. That didn't take long :palm:


What makes the second one illegal?
The first clearly is though.
Current Ambassador: Adelia Meritt
Ex-Ambassador: Cornelia Schultz, author of GA#355 and GA#368.
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Imperium Anglorum wrote:Digital Network Defence is pretty meh
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Separatist Peoples
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Founded: Feb 17, 2011
Left-Leaning College State

Postby Separatist Peoples » Mon Jun 01, 2015 11:53 am

"Spectacular. A shitty resolution passed by a landslide. I fucking love summer."

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Separatist Peoples should RESIGN!

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Jean Pierre Trudeau
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Founded: Nov 20, 2013
Ex-Nation

Postby Jean Pierre Trudeau » Mon Jun 01, 2015 1:18 pm

Separatist Peoples wrote:"Spectacular. A shitty resolution passed by a landslide. I fucking love summer."


Talk to Ram. He voted for it to ensure it's passage. Also why did the NP delegate not vote on the matter?
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Dibeg
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Founded: Jan 06, 2014
Ex-Nation

[PASSED] Rights of Indigenous Peoples

Postby Dibeg » Mon Jun 01, 2015 1:24 pm

Jean Pierre Trudeau wrote:
Separatist Peoples wrote:"Spectacular. A shitty resolution passed by a landslide. I fucking love summer."


Talk to Ram. He voted for it to ensure it's passage. Also why did the NP delegate not vote on the matter?

that's what I am wondering.
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Sainterre
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Founded: Apr 01, 2015
Ex-Nation

Postby Sainterre » Mon Jun 01, 2015 1:25 pm

Jean Pierre Trudeau wrote:
Separatist Peoples wrote:"Spectacular. A shitty resolution passed by a landslide. I fucking love summer."


Talk to Ram. He voted for it to ensure it's passage. Also why did the NP delegate not vote on the matter?

I believe that TNP didn't vote on it because they were changing delegates from SillyString to Eluvatar. But on their forum, they didn't even mention it.
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Imperium Anglorum
GA Secretariat
 
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Founded: Aug 26, 2013
Left-Leaning College State

Postby Imperium Anglorum » Mon Jun 01, 2015 2:08 pm

Sainterre wrote:
Jean Pierre Trudeau wrote:
Talk to Ram. He voted for it to ensure it's passage. Also why did the NP delegate not vote on the matter?

I believe that TNP didn't vote on it because they were changing delegates from SillyString to Eluvatar. But on their forum, they didn't even mention it.

Yes, I noticed that. Was actually hoping for a TNP WA ministry summary, but never saw it. :(

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Separatist Peoples
GA Secretariat
 
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Founded: Feb 17, 2011
Left-Leaning College State

Postby Separatist Peoples » Mon Jun 01, 2015 2:31 pm

Imperium Anglorum wrote:
Sainterre wrote:I believe that TNP didn't vote on it because they were changing delegates from SillyString to Eluvatar. But on their forum, they didn't even mention it.

Yes, I noticed that. Was actually hoping for a TNP WA ministry summary, but never saw it. :(

OOC: that was a fun string of unfortunate timing. I was reappointed as Minister just before Tomb stepped down. By the time I was ready to take the oath, things were crazy and I couldn't get my forum tools back in time.

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Separatist Peoples should RESIGN!

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