[DRAFT] Preventing Child Exploitation

[The Second Moon Rising]

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;

The Second Moon Rising would like to express some concern over this. Apprenticeship and family-run-and-operated businesses, especially those that deal with traditional/artisan crafting and agriculture often employ versions of child labor that are not in violation of GAR#4. Apprenticeships often start as soon as a child shows both interest and sufficient manual dexterity, and within a very short amount of time an apprentice's tasks may include locating, buying/gathering, upkeep of tools, and/or prepping some materials to be used in the creation of a finished product. In agriculture, this could be anything from participating in traditional harvesting/gathering methods, to helping feed and care for livestock, to running simple equipment. In many cases, these instances of child labor could appropriately fall under the purview of tradeskill education.

The Second Moon Rising would therefore suggest limiting the proposal to forms of child labor that run afoul of GAR#4 and any other unethical forms. The current wording, which makes no distinction between GAR#4 violations and forms of child labor that are perfectly in compliance, could negatively impact GAR#4-compliant nations that export their goods or nations that have treaties to only trade with one nation for a resource.

[Falcania]

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;

The Second Moon Rising would like to express some concern over this. Apprenticeship and family-run-and-operated businesses, especially those that deal with traditional/artisan crafting and agriculture often employ versions of child labor that are not in violation of GAR#4. Apprenticeships often start as soon as a child shows both interest and sufficient manual dexterity, and within a very short amount of time an apprentice's tasks may include locating, buying/gathering, upkeep of tools, and/or prepping some materials to be used in the creation of a finished product. In agriculture, this could be anything from participating in traditional harvesting/gathering methods, to helping feed and care for livestock, to running simple equipment. In many cases, these instances of child labor could appropriately fall under the purview of tradeskill education.

The Second Moon Rising would therefore suggest limiting the proposal to forms of child labor that run afoul of GAR#4 and any other unethical forms. The current wording, which makes no distinction between GAR#4 violations and forms of child labor that are perfectly in compliance, could negatively impact GAR#4-compliant nations that export their goods or nations that have treaties to only trade with one nation for a resource.

The delegation from Falcania apparently cannot read sentences that extend onto the right hand side of any given page, note that the delegation from the Second Moon Rising has superior reading comprehension than they do, and hereby change their stance from concern to condemnation of the proposed legislation.

[Hannasea]

"That is indeed a mistake on my part. I had incorrectly thought that Resolution #4 defined child labor, but on reconsideration, it does not.

"Making a direct reference to the previous resolution would regrettably not be possible, because certain restrictions on language imposed by the Secretariat prevent such references, but an indirect reference might work?

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;

"That's a little clunky, so I'm open to alternative suggestions."

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

[The Second Moon Rising]

The delegation from Falcania apparently cannot read sentences that extend onto the right hand side of any given page, note that the delegation from the Second Moon Rising has superior reading comprehension than they do, and hereby change their stance from concern to condemnation of the proposed legislation.

The Second Moon Rising thinks that condemnation of the drafted proposal is... perhaps a bit premature. The proposal is still quite new, and the author seems quite willing to take constructive commentary to ensure that those who are in compliance with GA#4 are not to be sanctioned.

"That is indeed a mistake on my part. I had incorrectly thought that Resolution #4 defined child labor, but on reconsideration, it does not.

"Making a direct reference to the previous resolution would regrettably not be possible, because certain restrictions on language imposed by the Secretariat prevent such references, but an indirect reference might work?

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;

"That's a little clunky, so I'm open to alternative suggestions."

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

The Second Moon Rising agrees that it is clunky. However, a step in the right direction. Perhaps a better legal wordsmith will come along.

[Falcania]

"That is indeed a mistake on my part. I had incorrectly thought that Resolution #4 defined child labor, but on reconsideration, it does not.

"Making a direct reference to the previous resolution would regrettably not be possible, because certain restrictions on language imposed by the Secretariat prevent such references, but an indirect reference might work?

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;

"That's a little clunky, so I'm open to alternative suggestions."

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

The delegation from Falcania apparently cannot read sentences that extend onto the right hand side of any given page, note that the delegation from the Second Moon Rising has superior reading comprehension than they do, and hereby change their stance from concern to condemnation of the proposed legislation.

The Second Moon Rising thinks that condemnation of the drafted proposal is... perhaps a bit premature. The proposal is still quite new, and the author seems quite willing to take constructive commentary to ensure that those who are in compliance with GA#4 are not to be sanctioned.

As long as the author is happy to assure us that their legislation is not opposed to Falcanian exports (manufactured by children in strict accordance with international law) in letter or spirit, then the delegation from Falcania is happy to endorse this proposal and will offer well-intentioned advice based on years of experience creatively circumventing child labour laws leading the sector in youth opportunities.

[Hannasea]

"I don't think I'm in a position to give the Falcanian delegation any particular assurances in that regard as I don't know the details of their relevant laws - but, in general, I can state that this law isn't tightening the existing definition of child labor beyond what already exists within the canon of World Assembly law. Child labor that is compliant with that existing law - "creatively" compliant or otherwise - is not the issue."

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

[Sardennoi]

[*]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.

OOC: Slightly off thread, do any such nations exist? How does that work?

[Hannasea]

OOC: There are some Star Trek themed nations in the NationStates multiverse, so perhaps there are some Ocampa nations, for example. (In fact, there appear to have been at least two in the past, though they're no longer active.)

That said, I'm not convinced anything too complex is required to account for such differences.

[Hannasea]

"I've revised a new draft of the resolution, incorporating a version of the language discussed earlier in this debate - whose inclusion, I believe, precludes any need to include the clause on extraterritoriality that had caused some concern, and which has thus been omitted."

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

[Cheyenne and Arapaho Systems]

OOC: There are some Star Trek themed nations in the NationStates multiverse, so perhaps there are some Ocampa nations, for example. (In fact, there appear to have been at least two in the past, though they're no longer active.)

That said, I'm not convinced anything too complex is required to account for such differences.

OOC: Like this one, in part. Not to mention the Jem'Hadar, Vorta, or Farscape Luxans, though that's picking at nits. It looks like the current version addresses all the issues thus raised.

[States of Glory WA Office]

Neville enters the Debate Chamber with the proposal in his hand. After reading through it, he stands up to speak.

"Greetings, Ambassador. The draft mentions that "goods produced through child labor" are only counted as such if the child labour is in contravention of WA law. Of course, I presume that this refers to GA #4. I'd like to know how the Hannasean delegation intends to restrict these goods in the event that GA #4 is repealed."

Neville looks around nervously.

"Maybe I've got this completely wrong, but it appears that the resolution relies on the existence of GA #4, 'Restrictions on Child Labor', in addition to the existence of GA #222, 'Prevention of Child Abuse'. If a more experienced delegation would like to correct me, I'd suggest that they do so."

[Hannasea]

"I'm afraid the Ambassador isn't currently available, Mr Robert, but I'll endeavor to address your query on her behalf.

"The resolution doesn't depend on Resolution #4 specifically. It simply requires that any WA law on child labor is applied to imports, as well as to domestic production. If Resolution #4 were repealed, then this resolution would still apply in the same way to its replacement."

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

[Bears Armed]

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;

"Maybeso replace "[would it/were they] to take place within the jurisdiction of the World Assembly" with "under any relevant national or international laws"?

Artorrios o SouthWoods,
ChairBear, Bears Armed Mission at the World Assembly.

[States of Glory WA Office]

"I'm afraid the Ambassador isn't currently available, Mr Robert, but I'll endeavor to address your query on her behalf.

"The resolution doesn't depend on Resolution #4 specifically. It simply requires that any WA law on child labor is applied to imports, as well as to domestic production. If Resolution #4 were repealed, then this resolution would still apply in the same way to its replacement."

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

Neville stands up once again.

"Please, call me Neville. I don't mind. Anyway, I understand that if GA #4 were to be repealed, a replacement would be passed quickly. However, it seems to me that in the time between GA #4 being repealed and its replacement getting passed, there would be a gap in WA legislation regarding child labour, rendering this proposal toothless as all forms of child labour would technically be legal within the jurisdiction of the WA. May I suggest an addition stating that if there is no WA legislation on child labour, member-states should use their own national laws for the purposes of enforcement? Would that be an acceptable solution?"

Edit: OOC: I've just seen Bears Armed's suggestion. I can't detect any obvious problem with it right now, though perhaps someone else could take a look at it.

[Hannasea]

"Of course, Neville." Daniella smiles.

"It's true that in the situation you describe, this resolution would be "toothless" - but given that in that situation, it would be the (implicit) position of the World Assembly that child labor should be legal, isn't that actually appropriate?"

Turning to ChairBear o Southwoods, she continues: "Thank you for the suggestion, Excellency, although I'm mildly concerned "relevant" is a bit too open to creative intepretation. Maybe - "applicable"? Or is that concern groundless?"

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

[Bears Armed]

Turning to ChairBear o Southwoods, she continues: "Thank you for the suggestion, Excellency, although I'm mildly concerned "relevant" is a bit too open to creative intepretation. Maybe - "applicable"? Or is that concern groundless?"

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

"Hr'rmm, but if the word 'applicable' were to be used instead of 'relevant', then couldn't a government that wanted to ignore the part of this proposed resolution about importing goods simply pass a law of its own saying that no such laws are 'applicable' to their application of this resolution?"

Artorrios o SouthWoods,
ChairBear, Bears Armed Mission at the World Assembly.

[Hannasea]

Daniella scratches her chin, then offers: "I'll have to give that some further thought. Neither adjective seems entirely apt, but I'm struggling to think of an alternative."

[Normlpeople]

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,

"Honestly, I'm concerned here" Clover said "You seem to mistake Child Labour and Child SLAVE Labour. They are not interchangeable."

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

"I'd focus your draft here."

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;

[*]Requires that each nation prohibit, prevent and prosecute the importation into or transshipment through their sovereign territory any goods produced through child labor;

"This is touchy" Clover said "Child labour, where the child is paid for the work performed and protected by both national and international labour law is not an issue. Slave labour is, and nations engaged in such are already embargoed. This can also create a serious enforcement issue, as I am sure non-member nations would balk at representatives being sent to their soil to inspect rather a WA resolution is being followed. The WA cannot legislate on non-member nations and I dislike the backdoor methods of making them do so."

"I would also change your definition of 'child sexual abuse' to read 'tale place within the jurisdiction of the member nation', as the WA has no such criminal jurisdiction."

[*]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;

"This is already prosecuted in our nation, and in most reasonable nations, I can assure you. Travel through is not something that can be legislated on though. We do not screen passengers that travel through our nation that embarked in another nation and will disembark elsewhere, without setting foot in our country. The same would go for cargo as mentioned earlier. While we require a manifest, we don't care too much where it comes from if it isn't being unloaded here and there is no security threat associated with the carrier."

"I would focus on the sex tourism part of your draft, as it has the most potential."

OOC: Remove the 'plain English summary'. This is international law, it doesn't need one.

[Hannasea]

"Thank you for the comments, Excellency, but I wonder if you haven't got a little confused about a few basic issues.

"Goods produced through child slave labor are already banned from being imported. However, this ban does not extend to other forms of child labor, which are nonetheless illegal.

"How each nation enforces the ban on imports is up to them - as is the case with every resolution. In my opinion the most sensible way would be to pass on the responsibility to retailers and require that they conduct verification of their supply chain, but there may be other valid approaches.

"Child sexual abuse within the jurisdiction of WA member states is already illegal. It is expressly that taking place outside such states that's being subject to the provisions of his resolution.

"On all of those grounds, then, I have to largely reject your assertions.

"The one area where your feedback is a little more useful is your objection to legislating on cargo transport or passenger travel through the nation. While I'm still concerned that this allows member states to essentially facilitate such actions - you may be right that it would be impractical to enforce. So whether to include the "through" provisions is something I'll consider as I engage in further redrafting, thank you."

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

[Jarish Inyo]

"Child sexual abuse within the jurisdiction of WA member states is already illegal. It is expressly that taking place outside such states that's being subject to the provisions of his resolution.

The WA can not legislate on non members in any form. Attempting to do so makes this illegal.

[Linux and the X]

"Child sexual abuse within the jurisdiction of WA member states is already illegal. It is expressly that taking place outside such states that's being subject to the provisions of his resolution.

The WA can not legislate on non members in any form. Attempting to do so makes this illegal.

It seems the idea (though we've not reviewed the current wording to see if it actually works) is to bar members from trading with non-members which fail to meet certain standards. Such legislation is legal.

[Bananaistan]

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: All the recent hooha about encouraging new players and this is the nonsense that people (who were very much involved in all that discussion) come up with. This is indecipherable nonsense: there are no numbered sections in GAR#222, nor does the sectional symbol appear in that resolution. Say what you mean and debate it, FFS.

[Separatist Peoples]

"Child sexual abuse within the jurisdiction of WA member states is already illegal. It is expressly that taking place outside such states that's being subject to the provisions of his resolution.

The WA can not legislate on non members in any form. Attempting to do so makes this illegal.

"It's legal to expand member state jurisdiction to cover extraterritorial action, as that has no direct effect on nonmember states."

[Calladan]

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;

"Maybeso replace "[would it/were they] to take place within the jurisdiction of the World Assembly" with "under any relevant national or international laws"?

Artorrios o SouthWoods,
ChairBear, Bears Armed Mission at the World Assembly.

I'd second the way this is phrased - unless "within the jurisdiction of the World Assembly" will take account of the varying ages of consent and ages of majority throughout the millions of different nations rather than attempting to impose a single age of consent or age of majority across the entire Assembly.

[Normlpeople]

"Thank you for the comments, Excellency, but I wonder if you haven't got a little confused about a few basic issues.

"Goods produced through child slave labor are already banned from being imported. However, this ban does not extend to other forms of child labor, which are nonetheless illegal.

"How each nation enforces the ban on imports is up to them - as is the case with every resolution. In my opinion the most sensible way would be to pass on the responsibility to retailers and require that they conduct verification of their supply chain, but there may be other valid approaches.

"Child sexual abuse within the jurisdiction of WA member states is already illegal. It is expressly that taking place outside such states that's being subject to the provisions of his resolution.

"On all of those grounds, then, I have to largely reject your assertions.

"The one area where your feedback is a little more useful is your objection to legislating on cargo transport or passenger travel through the nation. While I'm still concerned that this allows member states to essentially facilitate such actions - you may be right that it would be impractical to enforce. So whether to include the "through" provisions is something I'll consider as I engage in further redrafting, thank you."

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

Clover nodded "Your points, answered in order. First, no, it doesn't affect goods produced by paid child labor. My point is that if a child is being paid as an employee, and protected as such under any domestic labor laws, then the product is as valid as any other. There is no reason why it is inherently 'bad' for a child to have a job."

"Second point, I agree. My point on WA jurisdiction is that its far from universal given the vast number of different states in the WA. Pinning the conditions down to individual MEMBER nations is simply a formatting point designed to give this some teeth. Others seem to have agreed."

"Lastly, I disagree that removing 'travel through' a nation is facilitating a crime. To facilitate, one must know of the action in advance and willfully not intervene. In this case, it would subject both travelers and nations to a lot of unnecessary hassle. I am glad this is being re-considered. I shall await further drafts."