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[PASSED] Repeal "For the Detained and Convicted"

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[PASSED] Repeal "For the Detained and Convicted"

Postby Mousebumples » Fri May 06, 2011 5:15 am

The original resolution can be found here, for your reference.

THE WORLD ASSEMBLY:

UNDERSTANDS that all individuals who are accused of a crime should be accorded certain rights and protections under international law;

REALIZES that the current resolution on the subject contains a number of flaws that make it ineffective, at best, and detrimental to WA member nations and their citizens, at worst;

REGRETS that clauses within this resolution’s text allow for the abuse of these rights under the guise of upholding them;

NOTES that Clause 1a proclaims that all who are detained are “considered the accused until proven guilty;” yet the resolution does not make any attempt to ensure that innocence is presumed of all accused until proven otherwise. As such, any accusation, no matter how spurious, may follow individuals throughout the rest of their lives, even if they are never convicted of the crimes in question;

QUESTIONS the details of Clause 1c, as “outside and inside threats” are referenced but not given any further elaboration. Such a lack of clarity may be exploited by nations wishing to evade compliance with this clause's intent;

HIGHLIGHTS an additional shortcoming of the resolution's text, in that WA member states are not required to protect convicts from outside threats as Clause 2d only ensures protection for the convicted “from inside threats”, which fails to protect the convicted from the following:
  • Natural disasters and other potentially hazardous weather conditions, such as extreme temperatures, and
  • Civil unrest that threatens the lives and well-being of convicts;
BELIEVES that misconduct, as detailed in Clause 2g(i), should also have the potential to result in the temporary loss or reduction of exercise time, which is not permitted under the terms of this flawed resolution;

ENCOURAGES the drafting of further proposals on this subject to ensure the protection of all who are accused, charged, and convicted of crimes within WA member nations;

REPEALS GA#62, “For the Detained and Convicted.”

As per usual, I am not and will not be drafting a replacement for this resolution, after it's (hopefully) successful repeal. However, Moronist Decisions has been drafting a replacement (Treatment of Inmates), if anyone has an interest in assisting with that draft.

THE WORLD ASSEMBLY:

UNDERSTANDS that all individuals who are accused of a crime should be accorded certain rights and protections under international law;

REALIZES that the current resolution on the subject contains a number of flaws that make it ineffective, at best, and detrimental to WA member nations and their citizens, at worst;

MOURNS REGRETS that clauses within this resolution’s text allow for the abuse of these rights under the guise of upholding them;

NOTES that Clause 1a proclaims that all who are detained are “considered the accused until proven guilty;” yet the resolution makes no does not make any attempt to ensure that innocence is presumed of all accused until proven otherwise in a court of law. As such, any accusation, no matter how spurious, may follow an individuals throughout the rest of their liveslife, even if they are never convicted of the crimes in question;

QUESTIONS the details of Clause 1c, as “outside and inside threats” are referenced but not given any further elaboration. Such a lack of clarity may be exploited by nations wishing to evade compliance with this clause's intent;

REGRETS HIGHLIGHTS an additional shortcoming of the resolution's text, in that WA member states are not required to protect convicts from outside threats as Clause 2d only provides ensures protection for the convicted “from inside threats”, which fails to protect the convicted from the following:
  • Natural disasters and other potentially hazardous weather conditions, such as extreme temperatures, and
  • Civil unrest that may threatens the lives and well-being of convicts;
BELIEVES that misconduct, as detailed in Clause 2g(i), should also have the potential to result in the temporary loss or reduction of exercise time, which is not allowed permitted under the terms of this flawed resolution;

ENCOURAGES the drafting of further proposals on this subject to ensure the protection of all who are accused, charged, and convicted of crimes within WA member nations;

REPEALS GA#62, “For the Detained and Convicted.”

THE WORLD ASSEMBLY:

UNDERSTANDS that all individuals who are accused of a crime should be accorded certain rights and protections under international law;

REALIZES that the relevant current resolution on the subject contains a number of flaws that make it ineffective, at best, and detrimental to WA member nations and their citizens, at worst;

MOURNS that clauses within thise resolution’s text allow for the abuse of these rights under the guise of upholding them;

NOTES that Clause 1a proclaims that all who are detained are “considered the accused until proven guilty;” yet the resolution makes no attempt to ensure that innocence is presumed of all accused until proven otherwise in a court of law. As such, an accusation, no matter how spurious, may follow an individual throughout the rest of their life, even if they are never convicted of the crime in question;

QUESTIONS the details of Clause 1c, as “outside and inside threats” are referenced but not given any further elaboration.; Such a lack of clarity canmay be exploited by nations wishing to evade compliance with this clause's intent;

REGRETS that WA member states are not required to protect convicts from outside threatds as Clause 2d only provides protection for the convicted “from inside threats”, which fails to protect the convicted from the following:
  • Natural disasters and other potentially hazardous weather conditions, such as extreme temperatures, and
  • Civil unrest that may threaten the lives and well-being of convicts;
BELIEVES that misconduct, as detailed in Clause 2g(i), should also have the potential to result in the temporary loss or reduction of exercise time, which is not allowed under the terms of this resolution;

ACKNOWLEDGES that while some short-comings of this resolution are covered under GA#67, Habeas Corpus, inhabitants of World Assembly member nations would be better protected from the abuses outlined above if this resolution were repealed;

ENCOURAGES the drafting of further proposals on this subject to ensure the protection of all who are accused, charged, and convicted of crimes within WA member nations;

REPEALS GA#62, “For the Detained and Convicted.”

Version sans markup can be found here.

THE WORLD ASSEMBLY:

UNDERSTANDS that all individuals who are accused of a crime should be accorded certain rights and protections under international law;

REALIZES that the present relevant resolution on the subject has contains a number of flaws that make it ineffective, at best, and detrimental to WA member nations and their citizens, at worst;

MOURNS that some of the clauses within the resolution’s text allow for the abuse of these rights under the guise of upholding them;

NOTES that Clause 1a proclaims that all who are detained are “considered the accused until proven guilty;” andyet the resolution makes no attempt to ensure that innocence is presumed of all accused until proven otherwise in a court of law. As such, an accusation, no matter how spurious, may follow an individual throughout the rest of their life, even if they are not never convicted of the crime in question;

QUESTIONS the details of Clause 1c, as “outside and inside threats” are referenced but not given any further elaboration; such a lack of clarity creates a loophole that could can be exploited by nations wishing to evade compliance with this clause;

REGRETS that WA member states are not required to protect convicts from outside threads as Clause 2d only provides protection for the convicted “from inside threats”;

BELIEVES that misconduct, as detailed in Clause 2g(i), should also have the potential to result in the loss or reduction of exercise time, which is not allowed under the terms of this resolution;

ACKNOWLEDGES that while some short-comings of this resolution are covered under GA#67, Habeas Corpus, inhabitants of World Assembly member nations would be better protected from the abuses outlined above if this resolution were repealed;

ENCOURAGES the drafting of further proposals on this subject to ensure the protection of all who are accused, charged, and convicted of crimes within WA member nations;

REPEALS GA#62, “For the Detained and Convicted.”

REPEAL GA#62 - “For the Detained and Convicted”

THE WORLD ASSEMBLY:

UNDERSTANDS that all individuals who are accused of a crime should be accorded certain rights and protections under international law;

REALIZES that the present resolution on the subject has a number of flaws that make it ineffective, at best, and detrimental to WA member nations and their citizens, at worst;

MOURNS that some of the clauses in the resolution’s text allow for the abuse of these rights under the guise of upholding them;

NOTES that Clause 1a proclaims that all who are detained are “considered the accused until proven guilty,” and makes no attempt to ensure that innocence is presumed of all accused until proven otherwise in a court of law. As such, an accusation, no matter how spurious, may follow an individual throughout the rest of their life, even if they are not convicted of the crime in question;

QUESTIONS the details of Clause 1c, as “outside and inside threats” are referenced but not given any further elaboration; such a lack of clarity creates a loophole that could be exploited by nations wishing to evade compliance with this clause;

BELIEVES that misconduct, as detailed in Clause 2g(i), should also have the potential to result in the loss of exercise time, which is not allowed under the terms of this resolution;

ACKNOWLEDGES that while some short-comings of this resolution are covered under GA#67, Habeas Corpus, inhabitants of World Assembly member nations would be better protected from the abuses outlined above if this resolution were repealed;

ENCOURAGES the drafting of further proposals on this subject to ensure the protection of all who are accused, charged, and convicted of crimes within WA member nations;

REPEALS GA#62, “For the Detained and Convicted.”
Last edited by Flibbleites on Thu Apr 05, 2012 10:32 am, edited 8 times in total.
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Postby Charlotte Ryberg » Fri May 06, 2011 5:53 am

It was supposed to be "innocent until proven guilty" and nothing less. The resolution concerned was therefore RYBERGED. iSupport.

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Postby Monikian WA Mission » Fri May 06, 2011 6:34 am

"Monkiah supports this repeal. Of course we would support the repeal if it contained only ABBA lyrics."
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Postby Grays Harbor » Fri May 06, 2011 6:35 am

Monikian WA Mission wrote:"Monkiah supports this repeal. Of course we would support the repeal if it contained only ABBA lyrics."

As mush as we dislike ABBA, we have to agree with this sentiment.
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Monikian WA Mission
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Postby Monikian WA Mission » Fri May 06, 2011 6:38 am

Grays Harbor wrote:
Monikian WA Mission wrote:"Monkiah supports this repeal. Of course we would support the repeal if it contained only ABBA lyrics."

As mush as we dislike ABBA, we have to agree with this sentiment.


Actually I used ABBA because I despise their "music".
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Darenjo
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Postby Darenjo » Fri May 06, 2011 1:56 pm

I stand in support. I just have two questions though:
1. What do you mean by "exercise time"? Actual physical exercise, or something else? To me it reads as actual physical exercise.
2. You're allowed to mention other WA resolutions in repeals?
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Postby Mousebumples » Fri May 06, 2011 8:49 pm

Darenjo wrote:I stand in support. I just have two questions though:
1. What do you mean by "exercise time"? Actual physical exercise, or something else? To me it reads as actual physical exercise.

Well, "exercise time" was referenced in the original resolution, in clause 2f.
f. (i) shall be permitted at least one hour of outside exercise daily;
(ii) shall be permitted exercise time inside as requested for any reason, weather or otherwise;

Clause 2g is self-referential, but I'm guessing it was intended to reference clause 2f versus 2g:
g. (i) if misbehaved, may be punished and temporarily lose rights listed as (c) and (g) for an adequate time as given by a prison board or equivalent;

I figured it was more effective to point out that the wording does not allow for the restriction of exercise time as punishment for some serious infraction. (It's also likely to be easier on the fluffies, right?)

Darenjo wrote:2. You're allowed to mention other WA resolutions in repeals?

Please see Ard's ruling here. Believe it or not, my question on the subject arose from an IRC debate/query a few weeks ago - long before I was motivated to write up this repeal draft. Still, I'm happy to use such a ruling if I can build a better repeal draft because of it ... :D

Otherwise, I greatly appreciate the pledged support of my esteemed colleagues. Certainly, suggestions for improvements are more than welcome as I will give all such comments proper consideration.

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Postby Glen-Rhodes » Sat May 07, 2011 10:48 am

Glen-Rhodes would support the repeal as-is. The original resolution is poorly written and should have been repealed a long time ago.

- Dr. B. Castro


Would prefer WAR#67. That acronym is waaay better.

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Postby Mousebumples » Sun May 08, 2011 3:43 pm

Glen-Rhodes wrote:Glen-Rhodes would support the repeal as-is. The original resolution is poorly written and should have been repealed a long time ago.

- Dr. B. Castro


Would prefer WAR#67. That acronym is waaay better.

Your support is greatly appreciated, Dr. Castro! And I'll consider editing that - although I will fully admit that I'm just in the habit of referring to resolutions as GA# ... whatever. Mostly because the counting gets more complicated after the SC was introduced.
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"Civil Death"

Postby Rosetania » Sun May 08, 2011 8:07 pm

We support the appeal and would like it also to address the issue of civil death as neither GA#67 nor GA#62 address this.
Should convicts re-obtian their civil rights having served their prison time?
We believe so.
Should a convict's fundemental human rights (as enumerated under GA#7, 9, 23, 29, 35, 41, 54) be upheld when in prison? Absolutely, however neither of these resolutions express this and we believe they should - for the sake of claritiy. Unless it can be argued that these rights are unenumerated or are left to national discretion.
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Postby The Ainocran Embassy » Mon May 09, 2011 6:18 am

I support this repeal
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Postby Mousebumples » Mon May 09, 2011 8:24 am

Rosetania wrote:We support the appeal and would like it also to address the issue of civil death as neither GA#67 nor GA#62 address this.
Should convicts re-obtian their civil rights having served their prison time?
We believe so.
Should a convict's fundemental human rights (as enumerated under GA#7, 9, 23, 29, 35, 41, 54) be upheld when in prison? Absolutely, however neither of these resolutions express this and we believe they should - for the sake of claritiy. Unless it can be argued that these rights are unenumerated or are left to national discretion.

I believe that such an issue is presently left up to individual member states to decide, which is as it should be, in my opinion. Depending on the severity of a given crime, a given nation may revoke such rights as further punishment and to serve as a deterrent for those considering such treacherous actions.

I would support a replacement for this repeal that would serve to ensure such a determination is reserved to individual member states and not decided by WA decree.

I'd also like to take this opportunity thank both you and the Ainocran ambassador for your support in this mattter.
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Postby Sionis Prioratus » Sun Jun 19, 2011 1:34 pm

Please submit this already!

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Postby Unibot II » Sun Jun 19, 2011 8:05 pm

QUESTIONS the details of Clause 1c, as “outside and inside threats” are referenced but not given any further elaboration; such a lack of clarity creates a loophole that could be exploited by nations wishing to evade compliance with this clause;


"Loophole" is generally reserved for the semantic organization of a clause that can exploited for circumvention, not linguistic ambiguity that is exploited for circumvention. I would reword the red part as: "such an ambiguity ". I don't believe that you've really gotten to the heart of the issue here though, it's a Knootian-esque repeal to simply just point at any given word in a resolution and say "Hey you didn't define that! And hey, you didn't define the definition's definition! ect.". I don't think the ambugity is a concern here, if the term is interpreted too broadly by member-nations it's detrimental to their nations, which violates Reasonable Nation Theory, and a vague term like "outside and inside threats" can only be interpreted so narrowly.

What is concerning however, c.2.d does not provide obligate member-nations to provide the convicted with security from outside threats, only inside threats.

EDIT: I should be more clear, you can still provide the convinced with security from outside threats, the issue is member-nations are not obligated to do so.

BELIEVES that misconduct, as detailed in Clause 2g(i), should also have the potential to result in the loss of exercise time, which is not allowed under the terms of this resolution;


I believe the argument is that exercise is a right not a privilege, no behavior or conduct can alienate you from your right to keep fit. I agree with that, believing the alternative is rather sadistic.

FOR, on condition that the "QUESTIONS" clause is reworded to focus on something substantial worth repealing. "BELIEVES" is not a sentiment I agree with, but I will cede if I need to when this repeal comes to vote.
Last edited by Unibot II on Sun Jun 19, 2011 9:16 pm, edited 2 times in total.
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Postby Droskianishk » Sun Jun 19, 2011 8:12 pm

Supports this repeal.

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Postby Moronist Decisions » Sun Jun 19, 2011 9:10 pm

While "outside and inside threats" in 1c are partly addressed by resolution 9 (prevention of torture), we agree with most of the reasoning. We would also like to point out that this resolution does not provide for natural or social calamities which prevent any reasonable nation from not providing visitation or exercise time (e.g. hurricanes, escapes, prison riots ...). We support this, but again echoes the importance of a replacement and points out that our support for this does not mean our belief that prisoner rights should be emasculated.

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Postby Aeolic » Mon Jun 20, 2011 5:35 am

The people of Aeolic was allowed to vote on this matter. In conclusion we shall support this repeal as the original shows lack of democracy.
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Postby Morlago » Mon Jun 20, 2011 7:07 am

As Moronist Decisions is drafting a replacement, we support this.
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Postby Mousebumples » Sat Jun 25, 2011 1:25 pm

Sionis Prioratus wrote:Please submit this already!

OOC: Of course you bump this thread while I'm away on vacation! :P

I'm back home now, but I'm getting caught up on ... everything (RL and NS), and I will not have time to submit or campaign until after the 4th of July holiday, for sure. After that ... I have no idea, but I can hopefully get this submitted sometime in July.

I'll likely be redrafting this a few times as well (knowing me), so if anyone has additional concerns or critiques, now would be the time to voice them. (And, yes, Uni, I saw yours above, but I will not be responding in detail at this time since I can't remember what bag I packed my proposal writing hat in ... ;))
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The Wary Walrus
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Postby The Wary Walrus » Sat Jun 25, 2011 5:49 pm

Mousebumples wrote:
REPEAL GA#62 - “For the Detained and Convicted”

THE WORLD ASSEMBLY:

UNDERSTANDS that all individuals who are accused of a crime should be accorded certain rights and protections under international law;

REALIZES that the present resolution on the subject has a number of flaws that make it ineffective, at best, and detrimental to WA member nations and their citizens, at worst;

MOURNS that some of the clauses in the resolution’s text allow for the abuse of these rights under the guise of upholding them;

NOTES that Clause 1a proclaims that all who are detained are “considered the accused until proven guilty,” yet it makes no attempt to ensure that innocence is presumed of all accused until proven otherwise in a court of law. As such, an accusation, no matter how spurious, may follow an individual throughout the rest of their life, even if they are not convicted of the crime in question;

QUESTIONS the details of Clause 1c, as “outside and inside threats” are referenced but not given any further elaboration; such a lack of clarity creates a loophole that could be exploited by nations wishing to evade compliance with this clause;

BELIEVES that misconduct, as detailed in Clause 2g(i), should also have the potential to result in the loss of exercise time, which is not allowed under the terms of this resolution;

ACKNOWLEDGES that while some short-comings of this resolution are covered under GA#67, Habeas Corpus, inhabitants of World Assembly member nations would be better protected from the abuses outlined above if this resolution were repealed;

ENCOURAGES the drafting of further proposals on this subject to ensure the protection of all who are accused, charged, and convicted of crimes within WA member nations;

REPEALS GA#62, “For the Detained and Convicted.”


Walter the Wary Walrus bounded into the hall, shouting out as he slid to a stop

OROOOOH OROOOO OROH OROH OROO OROOOH OROOOOOOOOOH

His translator, a small, tired looking man, explained

I have only one minor modification that I would make to this, as shown above.
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Mousebumples
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Postby Mousebumples » Thu Jan 12, 2012 7:32 am

Unearthing this again, as well, as I'm back being semi-active and this repeal is almost entirely drafted as well. (Yay!) I need to look through some of the more "recent" comments - i.e. those that were made since I last updated the draft - and there will probably be an updated version of the repeal draft in the next few days ....

Any comments or concerns that you might have would be wonderful to hear.

Further, given the every repeal must result in a replacement! sentiment I've seen running rampant around here, I'll quote myself from the OP:
Mousebumples wrote:And, for the record, while I would likely support a well-written replacement, I will not be writing that one myself. In my opinion, this is a dangerous resolution AS IS and even if a replacement is slow to come, we're better off without it on the books.


If anyone thinks that this needs a replacement, I encourage you to draft one yourself. I'd be happy to help with the drafting phase if someone else will be taking point on that subject. However, I have no interest in writing such a proposal myself, at this time. (Too many pots in my kitchen, so to speak.)

Yours,
Nikolas Eberhart
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Moronist Decisions
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Postby Moronist Decisions » Thu Jan 12, 2012 8:26 am

As you can imagine, we believe that a replacement IS necessary in this specific case but we don't hold it against you.
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Postby Mousebumples » Thu Jan 12, 2012 8:31 am

Moronist Decisions wrote:As you can imagine, we believe that a replacement IS necessary in this specific case but we don't hold it against you.

Thank you for your support - I think/hope? And, should you decide to author the replacement yourself, best of luck!
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Inoffensive Centrist Democracy

Postby Mousebumples » Sun Jan 15, 2012 2:57 pm

Doing some revision of this baby (finally!) based on some of the above comments, along with my own usual rewriting/revising stuff that I generally do when drafting. :D

As always, constructive criticism is appreciated. The OP contains my usual editing notes, but here is the latest draft sans-markup.

THE WORLD ASSEMBLY:

UNDERSTANDS that all individuals who are accused of a crime should be accorded certain rights and protections under international law;

REALIZES that the relevant resolution on the subject contains a number of flaws that make it ineffective, at best, and detrimental to WA member nations and their citizens, at worst;

MOURNS that clauses within the resolution’s text allow for the abuse of these rights under the guise of upholding them;

NOTES that Clause 1a proclaims that all who are detained are “considered the accused until proven guilty;” yet the resolution makes no attempt to ensure that innocence is presumed of all accused until proven otherwise in a court of law. As such, an accusation, no matter how spurious, may follow an individual throughout the rest of their life, even if they are never convicted of the crime in question;

QUESTIONS the details of Clause 1c, as “outside and inside threats” are referenced but not given any further elaboration; such a lack of clarity can be exploited by nations wishing to evade compliance with this clause;

REGRETS that WA member states are not required to protect convicts from outside threads as Clause 2d only provides protection for the convicted “from inside threats”;

BELIEVES that misconduct, as detailed in Clause 2g(i), should also have the potential to result in the loss or reduction of exercise time, which is not allowed under the terms of this resolution;

ACKNOWLEDGES that while some short-comings of this resolution are covered under GA#67, Habeas Corpus, inhabitants of World Assembly member nations would be better protected from the abuses outlined above if this resolution were repealed;

ENCOURAGES the drafting of further proposals on this subject to ensure the protection of all who are accused, charged, and convicted of crimes within WA member nations;

REPEALS GA#62, “For the Detained and Convicted.”
Leader of the Mouse-a-rific Mousetastic Moderator Mousedom of Mousebumples
Past WA Delegate for Europeia & Monkey Island
Proud Member of UNOG
I'm an "adorably marvelous NatSov" - Mallorea and Riva
GA Resolutions (sorted by category) | Why Repeal? | Reppy's Sig Workshop

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Sanctaria
Senior Issues Editor
 
Posts: 7198
Founded: Sep 12, 2008
New York Times Democracy

Postby Sanctaria » Sun Jan 15, 2012 3:35 pm

The good Ambassador has our support in his endeavour.
Divine Federation of Sanctaria

Ideological Bulwark #258
Member of UNOG

Dr. Katherine Saunders ORD DSJ, Sanctarian Ambassador to the World Assembly
Author of:
GA#109 GA#133 GA#176 GA#201 GA#222 GA#297
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