[DRAFT] Indigenous Equality Act

[Klathka]

Supported in all aspects but representation and employment of indigenous peoples. If these minorities want representation or a bureaucratic office, they can take the National Merit Test, or serve in the military. We should not give automatic citizenship to a people are not the culture of the realm.

(I am roleplaying as a Hapsburg-style monarchy, IRL i would support the entire act. )

[Tinfect]

*snip*

Looks like someone didn't bother to read the thread.

[Jean Pierre Trudeau]

Looking for further feedback. If this receives enough support, I will send it to the floor. If not, it dies here.

[CreepyCut]

I always thought this was the one to replace the repeal, not the one by Vancouvia which we just defeated, so it has my vote.

[Caracasus]

We would support this, though Caracasus would like to see clearer protection of lands belonging to indigenous peoples. We can, however, see that clause imploring nation states to deal with indigenous peoples in a respectful manner should ensure that tribes are not merely shoved off land with no compensation. Apart from anything else, this proposal would hold nation states to existing treaties that they would have signed with indigenous tribes, as this would fall under clauses 3 and 4.

A sensible compromise between Vancouvia's proposal, and the realities of situations within nation states.

[Imperium Anglorum]

After some voter fatigue wears off, perhaps it would be nice to submit this promptly.

[Jean Pierre Trudeau]

Bumping for further feedback.

[Knootoss]

Feedback: Replace the commie Canadian flag with a WA flag.

[Jean Pierre Trudeau]

Feedback: Replace the commie Canadian flag with a WA flag.

I'll take it under advisement.

[The United Territories of Providence]

Requires member states to provide access to representation, education, healthcare, and employment to indigenous peoples at the same level as all citizens within the member state and territories legally claimed by that member state.

Feedback: Indigenous people are not citizens and therefore pay no tax, should we not add a clause the requires "taxation of income and property at the same level of all citizens within the member state and territories legally claimed by that member state in order to utilize government funded services"

Representation without taxation I fear might be just as unfair as taxation without representation. Several nations have national insurance or national healthcare programs...or some form of publicly funded healthcare. Providing access to thousands or perhaps millions of people who do not pay into the system would be a strain on important resources as well as negatively effect the economy of every nation that has some form of publicly funded healthcare.

Education also falls under this same argument, our public school system is entirely funded by the tax payer. The augmentation needed in taxes to support the education of all indigenous children would be too burdensome and would be much fairer to have more taxpayers rather than higher taxes. Nations would either have to cope with significantly increased class sizes, or fund the building of new educational institutions and hiring of new educational staff.

[Kryozerkia]

Secretariat Ruling

We received two legality challenges. The first one was on the grounds of plagiarism. While we understand that similar language is unavoidable when drafting replacement legislation, it is no justification for plagiarism. For this reason, we have pulled Jean Pierre Trudeau's proposal from queue and ejected his nation from the World Assembly. This is a player who clearly knows better.

For comparison, here are the two clauses that resulted in the ejection; the first from Rights of Indigenous People (RoIP) and Indigenous Equality Act (IEA):
RoIP: "member nations to cooperate with indigenous peoples in a peaceful and respectful manner,"
IEA: "member nations to cooperate with indigenous peoples in a peaceful and respectful manner,"

RoIP: "member nations to provide access to healthcare, education, employment, and representation for indigenous peoples"
IEA: "member states to provide access to representation, education, healthcare, and employment to indigenous peoples"

The second challenge was with regard to category. IEA was submitted as a "Social Justice" proposal. Upon review, it was determined that its primary area of concern was 'Human Rights'. Although IEA does include provisions regarding employment (which can be considered "basic welfare"), it more broadly fit neatly into 'Human Rights'. This is something for JPT to keep in mind should they wish to resume drafting and submitting a clean copy of their replacement.

[Jean Pierre Trudeau]

Secretariat Ruling

We received two legality challenges. The first one was on the grounds of plagiarism. While we understand that similar language is unavoidable when drafting replacement legislation, it is no justification for plagiarism. For this reason, we have pulled Jean Pierre Trudeau's proposal from queue and ejected his nation from the World Assembly. This is a player who clearly knows better.

For comparison, here are the two clauses that resulted in the ejection; the first from Rights of Indigenous People (RoIP) and Indigenous Equality Act (IEA):
RoIP: "member nations to cooperate with indigenous peoples in a peaceful and respectful manner,"
IEA: "member nations to cooperate with indigenous peoples in a peaceful and respectful manner,"

RoIP: "member nations to provide access to healthcare, education, employment, and representation for indigenous peoples"
IEA: "member states to provide access to representation, education, healthcare, and employment to indigenous peoples"

The second challenge was with regard to category. IEA was submitted as a "Social Justice" proposal. Upon review, it was determined that its primary area of concern was 'Human Rights'. Although IEA does include provisions regarding employment (which can be considered "basic welfare"), it more broadly fit neatly into 'Human Rights'. This is something for JPT to keep in mind should they wish to resume drafting and submitting a clean copy of their replacement.

OOC: Well I suppose I had better respond to this. First I find it funny that the one WA mod whom can never be bothered to ever post in the forum she is actually supposed to moderate is the one to deliver this ruling. Gotta get those mod Olympic points in while you can eh Kryo *flex* . I find it even more amusing that the moderator who has committed not ONE but TWO egregious breaches of her duties, is still permitted to even make decision when it comes to the WA, let alone the game. But hey one set of rules for us, one set for them.

As for plagiarism?

The World Assembly,

Acknowledging the rights of indigenous peoples within member nations and the existence of undiscovered or indigenous peoples whom contact has yet to have been made,

Recognizing indigenous peoples as communities, peoples, and nations, having a historical continuity with pre-colonial societies that developed on their territories, whom consider themselves distinct from other sectors of the societies now prevailing in those territories,

Wishing to maintain the cultural rights of indigenous peoples, as well as grant them the same basic rights and freedoms as all other citizens in the nation which they reside,

Thus resolving to enact a sensible policy that mitigates the legal differentiation between indigenous peoples and communities from those of the civilization which inhabits their native lands,

The General Assembly,

1. Urges member nations to allow indigenous peoples to maintain their unique cultural heritage, and allow indigenous peoples to spread and share that cultural heritage with all citizens of the member nation of the nation in which those indigenous peoples inhabit,
   
   
2. Implores member nations to cooperate with indigenous peoples in a peaceful and respectful manner, under the guidelines of the current laws of the land of the nation in which those indigenous peoples inhabit,
   
   
3. Requires member states to provide access to representation, education, healthcare, and employment to indigenous peoples at the same level as all citizens within the member state and territories legally claimed by that member state.
   
   
4. Permits member nations to pass laws and regulations against certain cultural practices within the bounds of current and future World Assembly statutes, on the condition those laws and regulations are applied equally to all inhabitants and cultures of the member state.

The World Assembly,

Recognizing the existence of indigenous peoples within member states of the World Assembly and the possible existence of indigenous peoples who have yet to be contacted but may eventually live in the territory of member states;

Defining indigenous as culturally-distinct peoples who inhabited lands before the arrival and their knowledge of a now-dominant culture or cultures;

Acknowledging that non-indigenous peoples may offer assistance and aid to the indigenous peoples they come in contact with, and vice versa;

Concerned that indigenous peoples have suffered or will suffer injustices and discrimination at the hands of the dominant culture(s), despite the possible illegality and immorality of such actions;

Seeking to not only maintain the cultural rights of indigenous peoples, but also to provide for their well-being and happiness;

Urges member nations to cooperate and communicate with indigenous peoples in a peaceful and respectful manner, and to seek to obtain indigenous peoples’ consent before engaging in any measures that may affect them;

Encourages member nations to provide opportunities for consenting indigenous peoples to peacefully assimilate and gain citizenship if they have not yet done so;

Recommends member nations allow indigenous peoples to own and maintain their artifacts and their ancestors' artifacts;

Implores member nations to permit uncontacted indigenous peoples to continue to live within their native lands, and to permit contacted indigenous peoples to continue to live within their lands if they presently are doing so, unless a legitimate governmental need requires such land and no reasonable alternative exists, in which case the indigenous peoples in the area affected shall be given fair compensation and adequate time to prepare for their relocation to reasonably close and similar lands;

Requires member nations to allow indigenous peoples to practice and express their cultural traditions unhindered, so long as those practices are not illegal under the laws of the nation of which they inhabit or illegal under active WA resolutions;

Advises member nations to refrain from enacting any future legislation or policies that would seek solely to limit any reasonably harmless or peaceful specific practices of indigenous peoples;

Urges member nations to provide for indigenous peoples access to healthcare, education, employment, and representation.

So one sentence was worded the same at the start, and the second one used the same terms in a different order. Is that really direct plagiarism?

As for the second? How does this fall under Human Rights? It is not giving rights to anyone, it is equalizing rights, and is directly focused on improving social welfare, but I digress, because as we all know the mods are never wrong.

But what really takes the cake here is the fact the mods are screaming that they want to engage the player base, and and promote a less hostile environment within the WA, yet they can't be bothered to post in the thread that not one but two GHR's have been filed against the proposal. No it is simpler just to delete it right before it goes to vote. For all the speeches of transparency, they fall right back on their same old tactics and nothing changes. Seems vaguely similar to "real world" politics doesn't it?

But you know what? I am not even going to bother appealing this, because according to mod policy "Every mod that was available was consulted, and their is no one to appeal to". A player inadvertently breaks the rules, and their career on that nation is ended. A mod breaks the rules, or just plain fucks up, and it's like nothing happened. You want a less toxic World Assembly? Get rid of the old guard of mods that are resistant to change and bring in some fresh faces who may actually want to engage the player base.

I really hope you are proud of yourselves. I actually used to enjoy this, but you have went out of you way two nuke two of my characters and destroy any enjoyment I could possibly have. You really should give yourselves a pat on the back, as I am done. I would suspect you guys are going to have far more serious matters to deal with very soon anyway, so enjoy your jobs while you still have them. I may just a player who has no power to actually do anything, but law-enforcement with warrants are another matter.

I have been advised by my Staff Sergeant that due to the ongoing investigation, and the fact that it is well known I am a member of law-enforcement, that it would be a direct conflict of interest for me to continue. Therefore this will be the last post on this nation, as I have been ordered to remove the e-mail address and scramble the password, and as such this will be my last post.

I have made some good relationships here, and I wish all of those I consider friends in the game all the best, but I would suggest you be very careful what you post from now on. That is all I can say on the matter.

I bid you all adieu.

[Reploid Productions]

I really hope you are proud of yourselves. I actually used to enjoy this, but you have went out of you way two nuke two of my characters and destroy any enjoyment I could possibly have. You really should give yourselves a pat on the back, as I am done. I would suspect you guys are going to have far more serious matters to deal with very soon anyway, so enjoy your jobs while you still have them. I may just a player who has no power to actually do anything, but law-enforcement with warrants are another matter.

I have been advised by my Staff Sergeant that due to the ongoing investigation, and the fact that it is well known I am a member of law-enforcement, that it would be a direct conflict of interest for me to continue. Therefore this will be the last post on this nation, as I have been ordered to remove the e-mail address and scramble the password, and as such this will be my last post.

I have made some good relationships here, and I wish all of those I consider friends in the game all the best, but I would suggest you be very careful what you post from now on. That is all I can say on the matter.

I bid you all adieu.

As I am sure you will see this via one of your other accounts, posting here is no doubt the easiest way to ensure you see this.

Per the bolded above, I am now required per Max Barry's legal counsel to ask the following. We only need a "yes" or a "no" response, as soon as possible, preferably within the next few days.

Do you intend, or have you already commenced any manner of legal action involving Max Barry, the Nationstates.net website, and/or it's staff and affiliates?

We will need a timely answer on this, otherwise we will have to assume that the answer is an affirmative.


~Evil Forum Empress Rep Prod the Ninja Admin
~She who wields the Banhammer; master of the mighty moderation no-dachi Kiritateru Teikoku