[DRAFT] Preventing Child Exploitation

[Hannasea]

Preventing Child Exploitation
Category: Moral Decency | Strength: Mild

The World Assembly,

Reaffirming its commitment to achieving fair and ethical labor standards,

Taking particular note of this commitment with regard to the protection of children from exploitation,

Concerned at the absence of an international prohibition on importing goods produced through child labor,

Further concerned at the spread of child sex tourism contributing to child commercial sexual exploitation:

1. Defines for the purposes of this resolution:
   
   
   • "goods produced through child labor" as goods in whose production and supply chain child labor is involved, where those forms of child labor would be illegal were they to take place within the jurisdiction of the World Assembly,
     
     
   • "child sexual abuse" as a sexual encounter with a child, where that encounter would be illegal were it to take place within the jurisdiction of the World Assembly;
2. Requires that each nation prohibit, prevent and prosecute the importation into or transshipment through their sovereign territory any goods produced through child labor;
   
   
3. Further requires that each nation prohibit, prevent and prosecute the travel from or through their sovereign territory in order to commit an act of child sexual abuse;
   
   
4. Encourages all nations to work together in bringing a worldwide end to child labor, including child commercial sexual exploitation.

Plain English Summary: This resolution (1) requires that nations ban the import of goods produced through child labor, (2) requires that nations ban child sex tourism, (3) extends the principle of extraterritoriality to these crimes, and (4) urges a common international effort to bring to an end these crimes.

Preventing Child Exploitation
Category: Moral Decency | Strength: Mild

The World Assembly,

Reaffirming its commitment to achieving fair and ethical labor standards,

Taking particular note of this commitment with regard to the protection of children from exploitation,

Concerned at the absence of an international prohibition on importing goods produced through child labor,

Further concerned at the spread of child sex tourism contributing to child commercial sexual exploitation:

1. Requires that each nation prohibit, prevent and prosecute the importation into or transshipment through their sovereign territory any goods in whose production child labor is involved at any stage of the supply chain;
   
   
2. Further requires that each nation prohibit, prevent and prosecute the travel from or through their sovereign territory in order to commit an act of child sexual abuse;
   
   
3. Declares that each nation shall apply their legal standards with respect to child labor and child sexual abuse extraterritorially in their implementation of these requirements;
   
   
4. Encourages all nations to work together in bringing a worldwide end to child labor, including child commercial sexual exploitation.

Plain English Summary: This resolution (1) defines child exploitation as evading the jurisdiction of the WA to abuse a child through labor or sexual exploitation, (2) requires that nations ban the import of goods produced through child labor, (3) requires that nations ban child sex tourism, and (4) urges a common international effort to bring to an end these crimes.

"This is the first, very rough, draft, and we are presenting to this esteemed Assembly in grateful hope of any comments or discussion that may arise from it."

Daniella Russel, MA PhD
Representing the office of:
Ambassador Brittany Hepburn
Semi-Permanent Representative to the World Assembly

[Imperium Anglorum]

Read 4 GA.

[Hannasea]

"Perhaps you could explain a little further what purpose that would serve?"

Daniella Russel, MA PhD
Representing the office of:
Ambassador Brittany Hepburn
Semi-Permanent Representative to the World Assembly

[Grays Harbor]

"Perhaps you could explain a little further what purpose that would serve?"

Daniella Russel, MA PhD
Representing the office of:
Ambassador Brittany Hepburn
Semi-Permanent Representative to the World Assembly

The purpose would be that reading Resolution 4 would give you insight on why your draft is illegal for duplication.

[Hannasea]

"I am afraid that, having already read said resolution several times, I am unable to see that: which is why I was requesting that the Ambassadors and their staff here explain. Perhaps with a direct textual reference to where, for example, the language in Resolution #4 is requiring a ban on imports? I cannot see any such language."

Daniella Russel, MA PhD
Representing the office of:
Ambassador Brittany Hepburn
Semi-Permanent Representative to the World Assembly

[Separatist Peoples]

Bell laughs, "Neither of them really read your draft, ambassador. They assumed your proposal dealt with labor itself. This looks good, but we take exception to clause 3. We don't give a DM what our citizens do abroad, so long as it doesn't impact our citizenry or government. We vehemently oppose extraterritorial jurisdiction for anything short of war crimes or crimes against humanity, and will decline to prosecute if extraterritorial jurisdiction is forced upon us. Our jurisdiction, with few exceptions, stops at our borders. We wouldn't want to impose ourselves upon others any more than others will want to impose upon us.

"Other than that, this looks great."

[Imperium Anglorum]

"Neither of them really read your draft, ambassador.

Draft, § 2-4.

[Separatist Peoples]

"Neither of them really read your draft, ambassador.

Draft, § 4.

OOC: I'm missing something here. Neither 2, 3, or 4 of either law are in conflict.

[Hannasea]

"Thank you for the comments, Ambassador Bell. A debate about policy substance - much more what we were looking for!

"The principle of extraterritoriality is important in this matter. Fewer than half of all nations in the world are members of the World Assembly, and the World Assembly cannot legislate upon these many non-members. While some of them may independently choose to ban child labor, others will see a lucrative opportunity in failing to do so and then exporting these goods to WA member states; similarly for tolerating or even condoning the commercial sexual exploitation of children and then permitting "child sex tourists" from member states to travel to their jurisdictions.

"The World Assembly cannot exert any legal authority over these non-members - so having member states exercise extraterritorial jurisdiction is the only means of ensuring that the measures of the resolution take effect. Though, if you can offer an alternate mechanism, I will consider it, as I will do what I can to earn your support for this resolution."

Daniella Russel, MA PhD
Representing the office of:
Ambassador Brittany Hepburn
Semi-Permanent Representative to the World Assembly

[Imperium Anglorum]

viewtopic.php?f=9&t=30&p=11260571#p11260571

[Hannasea]

OOC: Have you lost the power of speech? You have gone from grunting three words, to posting an indecipherable numerical reference, to now simply copy-pasting a link. What's next - is your next commentary on the proposal to be in the form of emoji-pasta? Please either explain your reasoning, or else leave the thread.

[Imperium Anglorum]

else leave the thread.

viewtopic.php?p=23783284#p23783284

[Separatist Peoples]

http://forum.nationstates.net/viewtopic.php?f=9&t=30&p=11260571#p11260571

OOC: None of that interferes with this legislation. This legislation deals with transportation to and from countries with the intention of boning a child, and of importing products from places that use child labor. Have you bothered to do a side-by-side comparison?

else leave the thread.

http://forum.nationstates.net/viewtopic ... #p23783284

OOC: Now you're just being bloody petty. I can imagine Scion's reaction to this.

[Imperium Anglorum]

http://forum.nationstates.net/viewtopic.php?f=9&t=30&p=11260571#p11260571

OOC: None of that interferes with this legislation. This legislation deals with transportation to and from countries with the intention of boning a child, and of importing products from places that use child labor. Have you bothered to do a side-by-side comparison?

§ 2 -> 222 GA § 3-4, 222 GA § 7
§ 3 -> 312 GA § 7-8, though, I would say that § 9 would preclude its use as a contradictory.
§ 4 -> 4 GA § 2, 4 GA § 4

[Separatist Peoples]

"Thank you for the comments, Ambassador Bell. A debate about policy substance - much more what we were looking for!

"The principle of extraterritoriality is important in this matter. Fewer than half of all nations in the world are members of the World Assembly, and the World Assembly cannot legislate upon these many non-members. While some of them may independently choose to ban child labor, others will see a lucrative opportunity in failing to do so and then exporting these goods to WA member states; similarly for tolerating or even condoning the commercial sexual exploitation of children and then permitting "child sex tourists" from member states to travel to their jurisdictions.

"The World Assembly cannot exert any legal authority over these non-members - so having member states exercise extraterritorial jurisdiction is the only means of ensuring that the measures of the resolution take effect. Though, if you can offer an alternate mechanism, I will consider it, as I will do what I can to earn your support for this resolution."

Daniella Russel, MA PhD
Representing the office of:
Ambassador Brittany Hepburn
Semi-Permanent Representative to the World Assembly

"I can see the value of extraterritoriality, though I do wonder how much this would actually disincentivize the act, considering the sheer volume of nonmember states that may or may not take a dim view of sex tourism. I also seriously question how effective charges would be when a member state cannot necessarily conduct an investigation abroad.

"That said, being able to prosecute those individuals if they aren't careful might serve as sufficient deterrence that this will not be too great an issue. It won't hang this delegation up, though I might grumble a little in principal."

OOC: Fantastic first draft. Don't let the curmudgeons turn you off: we're all excellent at being grumpy. Welcome to the snakepit.

[Separatist Peoples]

OOC: None of that interferes with this legislation. This legislation deals with transportation to and from countries with the intention of boning a child, and of importing products from places that use child labor. Have you bothered to do a side-by-side comparison?

§ 2 -> 222 GA § 3-4, 222 GA § 7
§ 3 -> 312 GA § 7-8, though, I would say that § 9 would preclude its use as a contradictory.
§ 4 -> 4 GA § 2, 4 GA § 4

OOC: Fucking hell, man. The practice cases I briefed this afternoon didn't have this much notation.


"Section 2 doesn't interfere at all with the ability for a nation to investigate an example of child abuse, especially considering this deals with the travel or shipping aspect of child abuse. This deals with utilizing the prospects, and specifically, within one's nation. The requirement of extraterritoriality expands jurisdiciton, it doesn't deal specifically with child abuse, especially because the act isn't necessarily illegal when committed abroad.

"Universal Jurisdiction's clause 9 absolutely precludes that violation.

"Clause 4 of this proposal is an encouraging clause. It isn't a mandatory clause, and can't really cause any contradiction."

[Hannasea]

"Thank you for the comments, Ambassador Bell. I'm retiring for the night but I'll consider them with the rest of our delegation," says Daniella, furiously trying to hide that "the rest of the delegation" consists just of her, the Ambassador, and the office pet iguana, Ethel. "At present, if it's simply a case of extraterritoriality not being a perfect solution - then, because if for no other reason, no perfect solution exists - I'm inclined to leave it in the resolution text. It's only if keeping it in does actual harm that I'd lean towards removing it."

Daniella Russel, MA PhD
Representing the office of:
Ambassador Brittany Hepburn
Semi-Permanent Representative to the World Assembly

[Linux and the X]

[*]Declares that each nation shall apply their legal standards with respect to child labor and child sexual abuse extraterritorially in their implementation of these requirements;

This has similar problems as any attempt to legislate an international age of majority. It would, for example, effectively prohibit a nation with a working age of sixteen from importing from a nation where the expected lifespan is, say, three years.

[Hannasea]

((OOC: It's not clear to me whether that post was in- or out of character, sorry, so I'll have to respond OOC, although I'm not really interested in debating the substance of the proposal OOC on a long term basis.))

((But briefly: I did consider that issue, and hoped the term "legal standards" - rather than explicitly saying "age of majority law" or "age of consent law" - might be vague enough to cover for it. If that's not the case, maybe some alternative wording making it clear the definition only applies to someone who is considered a minor by their nation of jurisdiction - although I worry that opens up a loophole in the other direction?))

[Bears Armed]

"We vehemently oppose extraterritorial jurisdiction for anything short of war crimes or crimes against humanity, and will decline to prosecute if extraterritorial jurisdiction is forced upon us. Our jurisdiction, with few exceptions, stops at our borders."

"International piracy, as covered by Resolution #20?"

[Linux and the X]

((OOC: It's not clear to me whether that post was in- or out of character, sorry, so I'll have to respond OOC, although I'm not really interested in debating the substance of the proposal OOC on a long term basis.))

((But briefly: I did consider that issue, and hoped the term "legal standards" - rather than explicitly saying "age of majority law" or "age of consent law" - might be vague enough to cover for it. If that's not the case, maybe some alternative wording making it clear the definition only applies to someone who is considered a minor by their nation of jurisdiction - although I worry that opens up a loophole in the other direction?))

So it would be by the exporting nation's standard?

[Separatist Peoples]

"We vehemently oppose extraterritorial jurisdiction for anything short of war crimes or crimes against humanity, and will decline to prosecute if extraterritorial jurisdiction is forced upon us. Our jurisdiction, with few exceptions, stops at our borders."

"International piracy, as covered by Resolution #20?"

"As a maritime nation, we rarely leave anything to prosecute when pirates are encountered. I did mention that there are necessary exceptions."

[Wrapper]

((OOC: It's not clear to me whether that post was in- or out of character, sorry, so I'll have to respond OOC, although I'm not really interested in debating the substance of the proposal OOC on a long term basis.))

((But briefly: I did consider that issue, and hoped the term "legal standards" - rather than explicitly saying "age of majority law" or "age of consent law" - might be vague enough to cover for it. If that's not the case, maybe some alternative wording making it clear the definition only applies to someone who is considered a minor by their nation of jurisdiction - although I worry that opens up a loophole in the other direction?))

OOC: Just a suggestion, but take a look at GAR#300, particularly, the definition of a child, and how the resolution handles exportation/importation. You might be able to pick up some hints there on wording. Just, ahem, please don't plagiarize me.

[Hannasea]

((OOC: Thank you. I did look at that resolution, and it's one reason why I only covered the sex tourism aspect of commercial sexual exploitation, as you'd already well covered the pornography aspect very effectively.

On balance, your approach is probably a little clearer, and I'll have a think.

I really, strongly, would prefer to do the policy aspect of this in-character, although I'm uncertain that's actually going to be possible.

Just, ahem, please don't plagiarize me.

Of course not. I am very confident that, should any player engage in plagiarism, such as copying verbatim the work of another player or of another real life legal document, there would be an explicit and public statement by the moderation staff that the nation that that player used was banned from the World Assembly.))

[Falcania]

The delegation from Falcania has a minor concern with the following sentence in the proposed legislation:

Concerned at the absence of an international prohibition on importing goods produced through child labor,

The Falcon's Board of Directors has gone to great efforts to ensure that all industries in the Free Kingdom use child labour in a fair and non-exploitative manner consistant with GA Resolution #4.

I understand that the sentence in question is not necessarily legally binding but it could be the start of a slippery slope. Falcanian products are often made with child labour - it is a long-standing Falcanian tradition to enter gainful employment before adulthood. We would resist any legislation that would prohibit the import of Falcanian-made goods, manufactured legally, in full compliance with international law.