Costa Alegria wrote:I motion for the Internal Security Act to be added to the queue:Internal Security Act (2013)
Co-drafted by: Michael Blumenthal (Costa Alegria) and Ivan Schiavone (Wolfmanne) (Both PC) || Urgency: High
Co-sponsors: Grenartia (TR), The Realm of God (PC), Othelos (PC), Greater Pokarnia (CP), Aeken (LD)
Preamble
The security of our nation is a top priority for the government and the Senate. Election to the Senate gives you the responsibility to ensure that you can hold the government to account in ensuring the safety and security of our people. However, it is not the responsibility of individual political parties to act as the judge, jury and executioner, for only multiple political parties and not just one can hold the government to account. Furthermore, we recognise that whether you support or oppose the Right to Bear Arms, in a time such as this, we need to reach a compromise until specific firearms legislation promoting or restricting the ownership of guns. In order to further the government's ability to ensure the security of this nation, we see the need for the creation of a government organisation to do just that, as evidenced by the 1st Festival of Republic, where armed right-wing paramilitaries are attempting to agitate left-wing paramilitaries into destabilising the nation.
Article 1: Formation
1a: In light of potential civil war and for use in a time of a national or regional emergency the Aurentinian National Gendarmerie is to be established under the auspices of the Ministry of the Interior.
1b: A National Gendarmerie Training Academy shall also be established with the function of training officers.
1c: Also establishes specially trained sub-forces for special operations and riot control.
1d: The National Gendarmerie shall be organised into a series of Brigades consisting of a number of Regiments from different regions.
1e: In times of war, the Nationla Gendarmerie or individual Brigades and Regiments may be drafted by the National Defense Force to provide rear security, police the military and for national defense against external threats, based upon the threat to national security this war may have. Gendarmes are to be considered a part of the military and not civilians, however whilst the Aurentinian National Gendarmrie is considered to be a military organisation, it does not come under the National Defense Force but the Ministry of the Interior, unless they have been drafted.
1d: All National Gendarmerie officers shall be accountable for their actions and subject to review by both the Ministry of the Interior and the Ministry of Justice.
1f: Gendarmes shall have policing powers as established by the Policing and Law Enforcement Act in situations where which require the tempoary deployment of National Guard personnel or within jurisidictions that apply to the National Gendarmerie.
Article 2: Jurisdiction and Deployment
2a: The Aurentinian National Gendarmerie shall provide security of public institutions, ministries and courts, embassies and consulates international airports, national museums, nuclear power plants, riots & crowds control, publicly crowded events and our national borders.
2b: The Aurentinian National Gendarmerie shall conduct high risk arrests, disaster response, SWAT operations, the suppression of internal armed conflicts and riots, the policing of areas without a sufficient amount of civilian police, to support local constabularies and counter-terrorism operations.
2c: Herein also decrees that the National Gendarmerie shall assist the Police, Emergency Medical Services and the Fire Service in times of natural or man-made disaster.
Article 3: Uniforms and Equipment
3a: All members of the National Gendarmerie shall have three primary uniforms: Dress, Operational and Ceremonial.
3b: Operational uniforms shall consist of a standard red beret, black bulletproof vest and belt kit (both of which should not intrude into how the officer moves), a khaki green polo shirt and light khaki button shirt along with accompanying jersey and cargo pants as well as black combat boots.
3c: Mandating that all National Gendarmerie officers on duty may carry the following equipment:
One pair of handcuffs.
One telescopic baton.
One can of CS spray.
One personal radio set.
The badge of the National Gendarmerie.
Additionally, it shall be mandated that all National Gendarmeie officers shall have the minimum of one firearm per officer with spare ammunition as the officer sees fit.
3d: Mandating that all National Gendarmerie officers use firearms that use the same calibre of ammunition as both the National Defense Force and the National Police Force. Officers may also use firearms seized from criminals and paramilitaries as long as they comply with safety regulations and are military grade or the equivalent.
3e: Herein forbids officers to use firearms which are temporarily seized from their owners or garishly decorated.
3f: Recommending that the National Gendarmerie adopt a standardised vehicle for their respective tasks.
3g: Mandating that all non-combat vehicles carry a green and white livery with blue lights. Mandating that all combat vehicles carry a dark green livery with white letters and orange hazard lights.
3h: Allowing National Gendarmerie officers to use non-combat and combat ground vehicles in operations.
3i: Allowing National Gendarmerie officers the use of seized or captured non-combat and combat vehicles.
Article 4: On Paramilitaries
4a: All paramilitaries, with the exception of those under the auspices of government agencies, are to be formally disbanded, including those under political parties and those otherwise independent from them, such as vigilante groups or citizen militias.
4b: All paramilitaries are to surrender their arms, munitions and vehicles with mounted weaponry that may have the potential of causing lethal harm to others to the Ministry of Justice, who shall issue disarmament warrants to law enforcement agencies.
4c: Paramilitaries that fail to disarm or be disbanded are to be designated as terrorist organisations. If they are under the auspices of a parent organisation, such as a political party, then they are to dissuade links from that paramilitary or they to shall be considered a terrorist organisation.
4d: The creation of new paramilitaries, vigilante groups and citizen militias is banned and all new paramilitaries are to be recognised as terrorist organisations. Any organisations, such as political parties, that endorse new paramilitaries, vigilante groups and citizen militias are also to be designated as terrorist organisations.
4e: Paramilitaries or individual members who fail to disarm may be arrested and trialed on the charges of refusal to disarm, illegal promotion of paramilitary activities and terrorism.
4f: Hereby mandates that members of demobilised political paramilitaries and other armed organisations as outlined in Article 4a may enlist with the National Gendarmerie provided they meet entry requirements.
Article 5: Private Security
5a: A security officer, or security guard, shall be defined as a privately and formally employed uniformed citizen who is paid and qualified to protect property, assets, or people by maintaining a high visibility presence to deter illegal and inappropriate actions, observing for signs of crime, fire or disorder and either reporting the incident to the local constabulary or using necessary force to suppress the perpetrator in the event that the physical well being of others can be potentially harmed, via a citizen's arrest or the usage of force as a last resort.
5b: The Office of Security Industry Regulation (Ofsecure) is established to regulate the security industry, to formally license security officers and to formally award qualifications to security trainees.
5c: Ofsecure shall establish a series of qualifications that are a basic requirement to be licensed as a security officer. The first is the Ofsecure Certification of Basic Security, which shall consist of 48 hours of training and upon completion, allows an individual to be employed as an unarmed security officer in all private properties. The other two qualifications are the Ofsecure Certification of Armed Security, which consists of 12 hours of training and upon completion, allows an individual to be employed as an armed security officer on all private properties and the Ofsecure Certification of Security Maintenance, which consists of 24 hours of training and upon completion, allows an individual to design, install, and repair security devices.
5d: To be issued a license from Ofsecure, a prospective security officer must be aged 18, must have completed upper secondary education as defined by the International Standard Classification of Education, be subject to approval by the local constabulary, pass a test, have at least obtained the Ofsecure Certification of Basic Security as a minimum and have no ongoing mental health issues or have a criminal record or be a convicted felon. The license should list all of the Ofsecure security qualifications obtained.
5e: License renewal shall occur every 5 years and shall consist of the same standard tests. Qualifications are renewed by passing a written paper regarding the subject.
5f: A security officer is to be uniformed in an appropriate manner and may not wear clothing or emblems of anything that is militaristic or promotes the ideology of political party. A security officer may wear a beret or a peaked cap and is to be dressed in a uniform that is predominantly blue or black.
5g: A security officer may make a citizen's arrest (defined in Article 4) if necessary or may assist a law enforcement officer in making an arrest, if requested to do so by the said officer.
5h: An armed security officer must comply with any firearms legislation that may be set, including any licensing requirement or any background checks that are required to be made.
5i: Private security companies must register with Ofsecure and they are only permitted to employ qualified, licensed security officers.
5j: Private security companies will be subject to inspections by Ofsecure.
5k: Private security companies are required to offer qualifications training in all three certificates categories.
Article 6: Citizen's Arrest
6a: A Citizen's Arrest may be made if against anyone in the act of committing an offense, or whom the arrestor has reasonable grounds for suspecting to be in the act of committing an offence.
6b: A Citizen's Arrest may also be made where an offence has been committed, anyone who is guilty of that offence or whom the arrestor has reasonable grounds for suspecting to be guilty of it.
6c: A Citizen's Arrest is not permitted if there is a law enforcement officer who is in a better position to make an arrest.
6d: Reasonability in a citizen's arrest shall be defined as the prevention of physical injury to the arrestee or others, the loss or damage of property and the absconding before a law enforcement officer can assume responsibility for him. In addition, if the offender has committed any of these acts, then a citizen's arrest may be conducted.
Article 5: Terrorist Organisations
7a: A terrorist organisation shall be defined as an armed paramilitary, vigilante or citizen militias that have refused to be disarmed in accordance with the paramilitary ban in Articles 1a.
7b: Herein also extends the definition of terrorist organisations as groups that acts, or has the potential to act, in a violent manner towards the state and its citizens and those that commit acts of violence against the state and its citizens for the advancement of an agenda.
7c: The Ministry of Justice may declare an organisation that does not operate in Aurentina that has received internationally widespread condemnation for the violent manner in which it has acted.
I second the motion.
