[Draft] Repeal (and replace) GAR#27: Freedom of Assembly
Posted: Mon May 06, 2019 2:05 am
So recently, thanks to the thread for the legality challenge of Banning Discrimination in Religious Organisations, I came across a resolution I thought I’d read before, which is, obviously, this one. I probably hadn’t read it before, though, because it made me uncertain in ways I don’t remember feeling. I’ve put down my objections in this repeal attempt, though I wonder what its chances of success truly are, given that GAR#27 must have survived a great deal of slings and arrows to have made it this far.
Obviously, since I don’t know how this is going to turn out yet, I haven’t written up a replacement. If this somehow seems viable, though, I definitely won’t submit it before a replacement is ready. Please don’t take this as me reserving the topic of a replacement; if anyone else would like to write one up, either with or without me, absolutely feel free to do it. I’d just appreciate it if you could tell me, though, so I’d know that there is a replacement waiting in the wings before putting forward a repeal.
(Once more, a link to the target resolution.)
Thanks to everyone in advance for your comments and suggestions!
Obviously, since I don’t know how this is going to turn out yet, I haven’t written up a replacement. If this somehow seems viable, though, I definitely won’t submit it before a replacement is ready. Please don’t take this as me reserving the topic of a replacement; if anyone else would like to write one up, either with or without me, absolutely feel free to do it. I’d just appreciate it if you could tell me, though, so I’d know that there is a replacement waiting in the wings before putting forward a repeal.
(Once more, a link to the target resolution.)
The World Assembly,
APPLAUDING the efforts of General Assembly Resolution #27, Freedom of Assembly, to protect the freedoms of member nations to assemble and associate,
BELIEVING, in the same vein as the target resolution, that these freedoms are worthy of protection,
CONCERNED, however, that the manner in which the target resolution has codified these protections allows individuals to assemble in ways that indirectly cause harm or inconvenience, such as by obstructing the movement of emergency services and law enforcement, and obstructing the movement of non-participants in or through the area of assembly,
UNDERSTANDING, further, that the above is possible because the target resolution only explicitly withdraws protection from such assemblies that ‘call for’ actions that would cause harm to innocents, but makes no exceptions for assemblies which, by their very presence, cause harm or inconvenience,
REGRETTING, conversely, that the target resolution fails to protect the freedoms not to participate in an assembly or associate with an organisation or group whose message one might not endorse,
FURTHER REGRETTING that the lack of the definition of ‘harm’ could allow oppressive regimes to restrict the freedom of assembly on the basis of minor, remote, or arguably irrelevant harm, such as emotional harm, psychological harm not amounting to trauma, and financial harm, among others,
DISMAYED that the phrasing of the protection withdrawal clause, by citing a call for ‘violence’, regardless of target, as one of the bases under which protection for assemblies will be withdrawn, could allow ideologically-opposed governments to clamp down on assemblies calling for criminal punishments involving physical harm, such as corporal or capital punishment,
TROUBLED, finally, that the target resolution does not make clear the extent to which it restricts the ability of the state to regulate the formation and behaviour of associations, such as the setting of membership conditions, beyond protecting the right of an individual to join said associations,
CONVINCED that this Assembly ought to introduce new legislation offering clearer and more comprehensive protections of the freedom to assemble and associate while making appropriate exceptions in the interests of public health, safety, and other important practical considerations,
HEREBY repeals GAR#27: Freedom of Assembly.
Co-authored by Bears Armed.
Thanks to everyone in advance for your comments and suggestions!