[Draft] Protecting the Autonomy of NGOs.

[Arasi Luvasa]

Category: The Furtherment of Democracy
Strength: Significant

The World Assembly,

Applauding the social and cultural benefits to a society by non-governmental organisations, such as welfare and education programs intended to augment the national ones,

Aware that while the World Assembly has made many strides in protecting the rights and responsibilities of the individual, not much has yet been done to protect beneficial organisations from being targeted by the government when it disapproves on the influence or values represented by said non-governmental organisation,

Acknowledging potential for abuse - financial as well as individual - and scams conducted in the name of a non-governmental organisation,

Thus wishing to place both protections and restrictions on such organisations,

Hereby,

1. Defines a Non-Governmental Organisation (NGO) as an organisation that
   
   1. is not officially connected to the state
   2. does not mostly rely on financial support from the state
   3. does not seek to make a profit, and
   4. provides a service that is beneficial to society,
   
   
2. Prohibits Government from:
   
   1. Directly managing or otherwise manipulating NGO funds, NGOs may still be taxed.
   2. Mandating the selection of any individual into any position within a NGOs hierarchy or structure, though quotas may still be issued and applied. All anti-discrimination laws would still apply, within reason: an NGO is not required to allow membership or advancement to individuals clearly opposed to it's ideology and values.
   3. Applying different tax rates for any NGO within its jurisdiction.

Initially I thought of this as protection primarily for Religions, but I realized it should be expanded to protect all NGOs. Any help would be appreciated.

---

• Draft 1
• Draft 2
• Draft 3
• Draft 4
• Draft 5
• Draft 6
• Draft 7

[The New California Republic]

The government shall not bring charges up against a newly elected (or nominated) leader of an NGO unless the investigation had been underway for more than a month prior to the announcement. Otherwise the case must be given careful oversight by a court of the World Assembly before charges may be officially pressed. Should the case be denied by this body, charges may not be pressed against the elected and an investigation will be run on the case. All costs for trumped up charges, should they be determined so through the investigation, will be payed by the government.

OOC: This clause completely flies in the face of the principle of equality before the law. It puts up added barriers to prosecution of certain people in comparison to everyone else. You will lose a lot of support from nations because of this clause.

[Arasi Luvasa]

I did not think of that, I'll remove the clause.
Is there some other way to prevent governments from placing trumped up charges against elected/nominated leaders? Or is it an unnecessary protection?

[Arasi Luvasa]

Recognizing that Non-Government Organisations (henceforth NGOs) play an important role in many societies, whether social or supplementing Welfare.

Understanding that not all nation necessarily welcome NGOs or the activities that take place therein.

Defining NGOs as any non-profit organisation (whether religious or secular) which has no official connection with the government and is not supported by the government. Noting that this does not preclude NGOs from having a political voice or members of NGOs from being connected to the government or a part of the organisation thereof.

Desiring to protect the ability of all NGOs to operate independently from the government, continue to maintain it's own revenue and maintain it's own structures.

To ensure the autonomy of NGOs, the following regulations shall become law in all member nations.

• The government cannot directly manipulate or manage the funds of an NGO, they may however tax NGOs
• The government cannot set tax rates for any NGO higher than those of another NGO, and these tax rates may be no higher than those of Private businesses.
• The government cannot mandate the selection of any member of an NGOs hierarchy, though quotas may still be issued.
• The government shall not bring charges up against a newly elected (or nominated) leader of an NGO unless the investigation had been underway for more than a month prior to the announcement. Otherwise the case must be given careful oversight by a court of the World Assembly before charges may be officially pressed. Should the case be denied by this body, charges may not be pressed against the elected and an investigation will be run on the case. All costs for trumped up charges, should they be determined so through the investigation, will be payed by the government.
• A World Assembly court will be set up dedicated to the investigation and oversight of charges brought up against individuals elected or nominated to leadership positions within an NGO.

For the purposes of this law, the state religion in a Theocracy (and potentially a Holy Empire) will be considered a section of the government and thus in not subject to these regulations.

Initially I thought of this as protection primarily for Religions, but I realized it could be expanded to protect all NGOs. Any help would be appreciated.

[Kenmoria]

“I find issue with the fact that all member nations must tax NGOs the same amount. Whilst I can see the reasoning behind this clause, it does pose a lot of problems for states that have a progressive tax rate.”

[Arasi Luvasa]

“I find issue with the fact that all member nations must tax NGOs the same amount. Whilst I can see the reasoning behind this clause, it does pose a lot of problems for states that have a progressive tax rate.”

"I do not believe that your issue exists in draft ambassador"

The government cannot set tax rates for any NGO higher than those of another NGO, and these tax rates may be no higher than those of Private businesses.

"It states that the tax rate for NGO's must be set at a specific standard, not that all member nations must use the same standard. For example it would prevent A from setting NGO1's tax at 15% and NGO2's tax at 95% but it it would not prevent A from setting NGO tax at 15% and B from setting NGO tax at 95% providing business tax in the nation is 95% or greater. Perhaps it could be better worded, we will reflect on this."

[Bears Armed]

OOC
Existing GA legislation bars the WA from intereference with member nations' domestic taxation, so this would be illegal for Contradiction.

I did not think of that, I'll remove the clause.
Is there some other way to prevent governments from placing trumped up charges against elected/nominated leaders? Or is it an unnecessary protection?

There's a resolution on fair trials.

[Arasi Luvasa]

OOC
Existing GA legislation bars the WA from interference with member nations' domestic taxation, so this would be illegal for Contradiction.

Is there any possible measure to prevent government from placing tax rates that essentially prevents NGOs from receiving a income? I'l remove the clause as is but I will try to replace it. I am worried that taxation could be used to evade the clause prohibiting nations from manipulating NGO funds or depriving them of said funds.


EDIT:
Could this not apply to the situation? I admittedly would likely need to remove the section on business tax though.

OOC: I don't read it that way. The clear thinking behind that exception is to allow prohibition of actually discriminatory taxation - e.g. taxing Bigtopians at a higher rate than natural born citizens (taken care of by GAR #35, but a concern upon passage of #17), or taxing gender transition surgery at a higher rate than facelifts and liposuction.

[Arasi Luvasa]

Recognizing that Non-Government Organisations (henceforth NGOs) play an important role in many societies, whether social or supplementing Welfare.

Understanding that not all nation necessarily welcome NGOs or the activities that take place therein.

Defining NGOs as any non-profit organisation (whether religious or secular) which has no official connection with the government and is not supported by the government. Noting that this does not preclude NGOs from having a political voice or members of NGOs from being connected to the government or a part of the organisation thereof.

Desiring to protect the ability of all NGOs to operate independently from the government, continue to maintain it's own revenue and maintain it's own structures.

To ensure the autonomy of NGOs, the following regulations shall become law in all member nations.

• The government cannot directly manipulate or manage the funds of an NGO, they may however tax NGOs
• The government cannot set tax rates for any NGO higher than those of another NGO, and these tax rates may be no higher than those of Private businesses.
• The government cannot mandate the selection of any member of an NGOs hierarchy, though quotas may still be issued.
• A World Assembly court will be set up dedicated to the investigation and oversight of charges brought up against individuals elected or nominated to leadership positions within an NGO.

For the purposes of this law, the state religion in a Theocracy (and potentially a Holy Empire) will be considered a section of the government and thus in not subject to these regulations.

[Bears Armed]

OOC
Existing GA legislation bars the WA from interference with member nations' domestic taxation, so this would be illegal for Contradiction.

Is there any possible measure to prevent government from placing tax rates that essentially prevents NGOs from receiving a income? I'l remove the clause as is but I will try to replace it. I am worried that taxation could be used to evade the clause prohibiting nations from manipulating NGO funds or depriving them of said funds.

EDIT:
Could this not apply to the situation? I admittedly would likely need to remove the section on business tax though.

OOC: I don't read it that way. The clear thinking behind that exception is to allow prohibition of actually discriminatory taxation - e.g. taxing Bigtopians at a higher rate than natural born citizens (taken care of by GAR #35, but a concern upon passage of #17), or taxing gender transition surgery at a higher rate than facelifts and liposuction.

I think that you could legitimately bar member nations taxing one type of NGO (e.g. religions, or political lobbying groups) at a different rate than other types, and that you could definitely ban them taxing any NGO within one of those categories at a different rate from that category's other members. If a government simply wants to tax all NGOs out of existence, though, I'm, afraid that that would have to be allowed.

[Araraukar]

OOC: What Category and strength or area of effect (which it is, depends on the category) would this be going under?

[Fascist Jerusalem]

This violates national sovereignty. Who are you to dictate how a country handles its NGOs?

[Frisbeeteria]

This violates national sovereignty. Who are you to dictate how a country handles its NGOs?

We're the World Assembly. "Violating national sovereignty" is what we do.

[Arasi Luvasa]

Recognizing that Non-Government Organisations (henceforth NGOs) play an important role in many societies, whether social or supplementing Welfare.

Understanding that not all nation necessarily welcome NGOs or the activities that take place therein.

Defining NGOs as any non-profit organisation (whether religious or secular) which has no official connection with the government and is not supported by the government. Noting that this does not preclude NGOs from having a political voice or members of NGOs from being connected to the government or a part of the organisation thereof.

Desiring to protect the ability of all NGOs to operate independently from the government, continue to maintain it's own revenue and maintain it's own structures.

To ensure the autonomy of NGOs, the following regulations shall become law in all member nations.

• The government cannot directly manipulate or manage the funds of an NGO, they may however tax NGOs
• The government cannot mandate the selection of any member of an NGOs hierarchy, though quotas may still be issued.
  .

For the purposes of this law, the state religion in a Theocracy (and potentially a Holy Empire) will be considered a section of the government and thus in not subject to these regulations.

---

I think that you could legitimately bar member nations taxing one type of NGO (e.g. religions, or political lobbying groups) at a different rate than other types, and that you could definitely ban them taxing any NGO within one of those categories at a different rate from that category's other members. If a government simply wants to tax all NGOs out of existence, though, I'm, afraid that that would have to be allowed.

I have rewritten it to comply with existent resolutions.

OOC: What Category and strength or area of effect (which it is, depends on the category) would this be going under?

Added that field. I believe it fits best under Furthermore of Democracy. Strength I am slightly more iffy on, but significant seems reasonable.

[Sholes]

I find this very smart, and will provide the neccessary protection to NGO's, but the proposal could still use some work in order convince more nations of its merit. Wish I could help more with ideas for the taxation issue, but I'm coming up with a blank at the moment. If I think of anything helpful I'll be sure to come back.

[Arasi Luvasa]

Category: The Furtherment of Democracy
Strength: Significant
Recognizing that Non-Government Organisations (henceforth NGOs) play an important role in many societies, whether social or supplementing Welfare.

Understanding that not all nation necessarily welcome NGOs or the activities that take place therein.

Defining NGOs as any non-profit organisation (whether religious or secular) which has no official connection with the government and is not supported by the government. Noting that this does not preclude NGOs from having a political voice or members of NGOs from being connected to the government or a part of the organisation thereof.

Desiring to protect the ability of all NGOs to operate independently from the government, continue to maintain it's own revenue and maintain it's own structures.

To ensure the autonomy of NGOs, the following regulations shall become law in all member nations.

• The government may not directly manage or otherwise manipulate NGO funds*, NGOs may however still be taxed.
• The government may not mandate the selection of any individual into any position within an NGOs hierarchy or structure, though quotas may still be issued and applied. All anti-discrimination laws would still apply, within reason**.
• The government may not have different tax rates applied to different NGOs within the same category***.
• The government may not apply different tax rates to NGOs of different categories***.

*For the purposes of this law, the state religion in a Theocracy (and potentially a Holy Empire) will be considered a section of the government and thus in not subject to these regulations.
**Namely if one is clearly opposed to the basis of the NGO. As examples an atheist attempting to enter a religious hierarchy.
***Categories of NGOs include (but are not limited to): Charity, Religious and Political Lobbying groups.

I have rewritten the preamble. Hopefully it will now seem more professional, and read more smoothly.

[Araraukar]

OOC post.

A slight rewrite for the preamble and definitions, that you can use freely.

The World Assembly,

Applauding the social and cultural benefits to a society by non-governmental organisations, such as welfare and education programs intended to augment the national ones,

Aware that while the World Assembly has made many strides in protecting the rights and responsibilities of the individual, not much has yet been done to protect beneficial organisations from being targeted by [YOU NEED TO PUT YOUR OWN WORDS HERE, AS I'M NOT ENTIRELY CERTAIN WHAT YOU'RE GOING FOR],

Acknowledging potential for abuse - financial as well as individual - and scams conducted in the name of a non-governmental organisation,

Thus wishing to place both protections and restrictions on such organisations,

Hereby,

1. Defines a Non-Governmental Organisation (NGO) as an organisation that

1. is not officially connected to the state
2. does not mostly rely on financial support from the state
3. does not seek to make a profit, and
4. provides a service that is beneficial to society,

Leave mentions of religion completely out of this, scrap any political connection (this is a better fit for Social Justice, though it needs severe rewriting for it), and also place restrictions and responsibilities on NGOs rather than just giving them rights. Additionally, as you can see from my edited definitions, don't completely ban state support for NGOs.

You're too focused on taxation. I'd probably make it a simple one like "Member nations must not tax NGOs more heavily than for-profit organizations of similar financial status" and then focus on the more important things.

[Arasi Luvasa]

I've implemented your suggestions, I have left the note regarding Theocracies to avoid any implication of an ideological ban.

Category: The Furtherment of Democracy
Strength: Significant

While it is understood that many nations welcome NGOs (Non-Government Organisation) and any diversity of ideas that these organisations may bring, there are nations which do not. NGOs often play an important role in society, this role often manifests as a social force. NGOs may also serve as a source of welfare, education or in service of furthering a political agenda.
While current regulations do attempt to protect many rights, they do fail in assuring autonomy of nations from subversive measures that a nation may employ to suppress certain views.
The aim of this resolution will be to prohibit the viability of governments in undermining an NGOs ability to run its own processes and manage its own upkeep.
For the purposes of this resolution and NGO shall be defined by all the following:

• An Organisation which is not officially connected to the government
• An organisation which does not receive its revenue in (in part or in full) from the government
• An Organisation which does not run with the explicit aim to make a profit, hence expenses should generally be similar to revenue.

This will include most, if not all, religious organisations


Under this resolution, the following legislation shall be applied to all nations within the World Assembly:

• A government may not directly manage or otherwise manipulate NGO funds*, NGOs may however still be taxed.
• A government may not mandate the selection of any individual into any position within a NGOs hierarchy or structure, though quotas may still be issued and applied. All anti-discrimination laws would still apply, within reason**.
• A government may not have different tax rates applied to different NGOs of the same category***within its jurisdiction.
• A government may not apply different tax rates to NGOs of different categories*** within its jurisdiction.

*For the purposes of this law, the state religion in a Theocracy (and potentially a Holy Empire) will be considered a section of the government and thus in not subject to these regulations.
**Namely if one is clearly opposed to the basis of the NGO. As examples an atheist attempting to enter a religious hierarchy.
***Categories of NGOs include (but are not limited to): Charity, Religious and Political Lobbying groups.

[Araraukar]

I've implemented your suggestions, I have left the note regarding Theocracies to avoid any implication of an ideological ban.

OOC: The definition "is not officially connected to the state" means that the national religion of a theocracy wouldn't be affected anyway, since it is officially connected to the state, so you can drop it entirely.

Aware that while the World Assembly has made many strides in protecting the rights and responsibilities of the individual, not much has yet been done to protect beneficial organisations from being targeted by a the government which may disapprove of some (or all) of the values enshrined by a particular NGO/ a group of NGOs or wish to shut down influential NGOs within its borders through legislation,

OOC still: Being unnecessarily wordy with the preamble is rarely a good idea. Also "may disapprove" isn't really the kind of strong language you want to use when trying to convince others that this is a good idea.

[Arasi Luvasa]

Indeed, I do need to shake my habit of explaining things to others as though they are stupid. A for the other section, I do tend to ramble. Hopefully it is now more concise.

---

Category: The Furtherment of Democracy
Strength: Significant

The World Assembly,

Applauding the social and cultural benefits to a society by non-governmental organisations, such as welfare and education programs intended to augment the national ones,

Aware that while the World Assembly has made many strides in protecting the rights and responsibilities of the individual, not much has yet been done to protect beneficial organisations from being targeted by a government which may disapprove of some (or all) of the values enshrined by a particular NGO/ a group of NGOs or wish to shut down influential NGOs within its borders through legislation,

Acknowledging potential for abuse - financial as well as individual - and scams conducted in the name of a non-governmental organisation,

Thus wishing to place both protections and restrictions on such organisations,

Hereby,
1. Defines a Non-Governmental Organisation (NGO) as an organisation that

1. is not officially connected to the state
2. does not mostly rely on financial support from the state
3. does not seek to make a profit, and
4. provides a service that is beneficial to society,

Under this resolution, the following legislation shall be applied to all nations within the World Assembly:

1. A government may not directly manage or otherwise manipulate NGO funds*, NGOs may however still be taxed.
2. A government may not mandate the selection of any individual into any position within a NGOs hierarchy or structure, though quotas may still be issued and applied. All anti-discrimination laws would still apply, within reason**.
3. A government may not set different tax rates for any NGO within its jurisdiction.

*For the purposes of this law, the state religion in a Theocracy (and potentially a Holy Empire) will be considered a section of the government and thus in not subject to these regulations.
**Namely if one is clearly opposed to the basis of the NGO. For example; a xenophobe attempting to enter a refugee centers hierarchy.


Co-Author: Araraukar

[Araraukar]

Under this resolution, the following legislation shall be applied to all nations within the World Assembly:

OOC: That's already covered by "The World Assembly" at the start and "Hereby" before the definitions. Also, number your main clauses (definitions are main clause #1 currently) and use list code (with letters instead of numbers) for subclauses only. Makes it neater and avoids lists inside lists.

*For the purposes of this law, the state religion in a Theocracy (and potentially a Holy Empire) will be considered a section of the government and thus in not subject to these regulations.
**Namely if one is clearly opposed to the basis of the NGO. For example; a xenophobe attempting to enter a refugee centers hierarchy.

Don't do these. Put everything you want to put in, into the actual clauses, don't use what is in essence footnotes.

Co-Author: Araraukar

You'd need my permission to do that, and I have no desire to be named co-author on this - at the moment at least, so please remove that. I'm flattered by the offer, don't get me wrong, but the help I give, including any rewrittals, is meant for your use.

[Arasi Luvasa]

As you wish, Also thank you for your help.

---

Category: The Furtherment of Democracy
Strength: Significant

The World Assembly,

Applauding the social and cultural benefits to a society by non-governmental organisations, such as welfare and education programs intended to augment the national ones,

Aware that while the World Assembly has made many strides in protecting the rights and responsibilities of the individual, not much has yet been done to protect beneficial organisations from being targeted by the government when it disapproves on the influence represented by said NGO,

Acknowledging potential for abuse - financial as well as individual - and scams conducted in the name of a non-governmental organisation,

Thus wishing to place both protections and restrictions on such organisations,

Hereby,
1. Defines a Non-Governmental Organisation (NGO) as an organisation that

1. is not officially connected to the state
2. does not mostly rely on financial support from the state
3. does not seek to make a profit, and
4. provides a service that is beneficial to society,

Under this resolution, the following legislation shall be applied to all nations within the World Assembly:

1. Government may not directly manage or otherwise manipulate NGO funds, NGOs may however still be taxed.
2. Government may not mandate the selection of any individual into any position within a NGOs hierarchy or structure, though quotas may still be issued and applied. All anti-discrimination laws would still apply, within reason**.
3. Government may not set different tax rates for any NGO within its jurisdiction.

**Namely if one is clearly opposed to the basis of the NGO. For example; a xenophobe attempting to enter a refugee centers hierarchy.


Co-Author: Araraukar

[Bananaistan]

OOC: I have no idea which draft is the current draft. Please ensure that the current draft is the only one visible in the OP.

General points then:

1) Leave tax out of it altogether. See GAR#17.

2) Just what's so good about NGOs that they should be exempt from company law? EG It's not unreasonable that a person disqualified from being a director of a commercial company also be disqualified from being a director of an NGO.

3) The definition of NGO needs a lot of work. At the moment, a crooked businessman could set up such a thing without the state being able to do anything about it. It might be laid out that it doesn't "seek to make a profit" but then it might accidentally make a profit and yer man laughs all the way to the bank once it has done some small inconsequential thing that benefits society. Perhaps he swept the footpath outside his office one morning.

Essentially I disagree with the premise that just because something is a not for profit it should be free of government oversight. Governments have a legitimate interest in ensuring that anyone who raises funds for purportedly charitable purposes, actually spend that money on the charitable purposes they claim to support. RL evidence points to the whole sector being in desperate need of more regulation and oversight, not less.

[Arasi Luvasa]

OOC: I have no idea which draft is the current draft. Please ensure that the current draft is the only one visible in the OP.

General points then:

1) Leave tax out of it altogether. See GAR#17.

2) Just what's so good about NGOs that they should be exempt from company law? EG It's not unreasonable that a person disqualified from being a director of a commercial company also be disqualified from being a director of an NGO.

3) The definition of NGO needs a lot of work. At the moment, a crooked businessman could set up such a thing without the state being able to do anything about it. It might be laid out that it doesn't "seek to make a profit" but then it might accidentally make a profit and yer man laughs all the way to the bank once it has done some small inconsequential thing that benefits society. Perhaps he swept the footpath outside his office one morning.

Essentially I disagree with the premise that just because something is a not for profit it should be free of government oversight. Governments have a legitimate interest in ensuring that anyone who raises funds for purportedly charitable purposes, actually spend that money on the charitable purposes they claim to support. RL evidence points to the whole sector being in desperate need of more regulation and oversight, not less.

Sorry, what is the OP? Regardless the draft visible in my initial post is the current draft. All those available in the links are previous drafts and the posts containing them are titled according to which variation.

1: I think this was addessed with Bears (replies 6, 7 and 9). As things are, clause 8 of GAR#17 does not necessarily prohibit governments from placing discriminatory taxation policies but merely allows for regulations against said policies. Perhaps I am wrong on what exactly the wording of that clause entails though.

2: I don't believe that this applies to the current iteration. I will add a note addressing the issue tomorrow.

3: Perhaps placing regulations stating that all funds not used for upkeep (including any necessary wages) be funneled into reserve funds or supported charities. I suppose a clause relating to maximum wages within NGOs will also be necessary. Should this suffice.

This resolution is not intended to prevent government oversight and regulation, that is unless the government is attempting to actually manage the finances of the NGO. Compare statements that one may not do A, B or C as compared to actually directing an individual to doing action D. This should still allow regulations that prevent fraud with general stipulations while outlawing a situation where the government is the party actually managing every aspect of how and where funds can be used.

[Faltasia]

"religion should have no part of this otherwise good proposal. Also, not to nitpick, but "provides a service that is beneficial to society" may be revised as it is too vague.