[PASSED] Repeal "Prohibit Private Prisons"

[Marxist Germany]

Link to target

Repeal "Prohibit Private Prisons"
Category:Repeal | Proposed by: Germany

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The World Assembly,

Applauding the efforts of this assembly to improve the standards and conditions of incarceration by prohibiting private prisons in the aforementioned resolution;

Quoting clause 2 which states " Further defines a "private prison" as a prison that is entirely owned and operated or primarily owned and operated by a nongovernmental corporation, a private individual, or any other private actor or actors";

Noting that the aforementioned clause states that a prison can only be considered private if it is wholly or primarily owned by a private proprietor;

Recognising that this therefore means governments can exploit this loophole through purchasing 51% of a private prison to avoid the ban;

Further Noting that a government can own a prison and lease it to a private proprietor as the resolution does not prohibit this;

Further Quoting clause 3 which states "Requires all member states and their political subdivisions, within two calendar years of this resolution's passage and in perpetuity thereafter, to discontinue their use of private prisons for the incarceration of individuals convicted of crimes and serving criminal sentences";

Observing that the aforementioned clause does not ban private prisons in member states but instead, allows them to operate as long as they receive criminals convicted in foreign non-member countries;

Discerning that member states can arrest individuals and place them in private prisons whilst they await their trial due to the aforementioned clause stating "discontinue their use of private prisons for the incarceration of individuals convicted of crimes and serving criminal sentences";

Concerned that the resolution does not prohibit private prisons in member states but only bars member states from incarcerating their own convicts in them;

Believing that this resolution ought to be repealed and replaced by a resolution that regulates private prisons, or prohibits them properly;

Hereby,

Repeals GA#468 "Prohibit Private Prisons".

[Marxist Germany]

"It is clear that the resolution at vote will pass in the next couple of hours, so here's an attempt at a repeal."

[United Massachusetts]

Opposed. Strongly so.

[Marxist Germany]

Opposed. Strongly so.

"Ambassador, there is nothing stopping the delegation from Christian Democrats to write up a better replacement, wouldn't you want a full ban on private prisons?"

[United Massachusetts]

Opposed. Strongly so.

"Ambassador, there is nothing stopping the delegation from Christian Democrats to write up a better replacement, wouldn't you want a full ban on private prisons?"

"Ambassador, we do not believe it wise to risk a replacement. Further, it remains our opinion that if the government is the main owner of a prison, the perverse incentives of a free market are kept in check."

[Araraukar]

"Ambassador, we do not believe it wise to risk a replacement. Further, it remains our opinion that if the government is the main owner of a prison, the perverse incentives of a free market are kept in check."

"So you are happier to have a ban that does not actually ban anything or cause private prisons to go out of business, according to the author?"

[Imperium Anglorum]

"Ambassador, we do not believe it wise to risk a replacement. Further, it remains our opinion that if the government is the main owner of a prison, the perverse incentives of a free market are kept in check."

So the government couldn't possibly make themselves an profit maximising state-owned enterprise? An interesting assessment.

[Kenmoria]

(OOC: I support this due to the possibility of a full ban on private prisons.)

“I support this due to the potential for a compromise that does not ban private prisons.”

[United Massachusetts]

Eh. Opposed in part.

[Liberimery]

"Ambassador, we do not believe it wise to risk a replacement. Further, it remains our opinion that if the government is the main owner of a prison, the perverse incentives of a free market are kept in check."

So the government couldn't possibly make themselves an profit maximising state-owned enterprise? An interesting assessment.

Consider the alternative where the property of the prison is privately owned and the state can rent the space to staff the prison. Also, while private prisons are temporary for emergency situations what is to prevent a government from claiming a fiscal crisis and loopholing out of the whole resolution?

[North Johen Ezermard]

You may include the harms of banning private prisons instead of just stating the flaws of the original resolution, such as the fact that it limits the economic freedom of member nations. I believe this will increase the chance of gaining support from not only those who find the original resolution in need for an improvement, but also other member nations who may not be satisfied with the passed resolution at all.

[Kranostav]

In support per the IFV I released during the vote of the target resolution

[Marxist Germany]

"I have added more clauses detailing further loopholes within the resolution."

You may include the harms of banning private prisons instead of just stating the flaws of the original resolution, such as the fact that it limits the economic freedom of member nations. I believe this will increase the chance of gaining support from not only those who find the original resolution in need for an improvement, but also other member nations who may not be satisfied with the passed resolution at all.

"In repeals, it is better to point out the objective errors within the resolution being repealed to garner more support."

[Araraukar]

"Support in the hopes of a proper ban
You should write it yourself, if you can
Might ask the author if they'd be willing
To re-consider their text and helping
If not, take notice of the opposition
As you'll need to change their disposition."

OOC: Blame UM for the rhyming. He encouraged me.

[Marxist Germany]

"Support in the hopes of a proper ban
You should write it yourself, if you can
Might ask the author if they'd be willing
To re-consider their text and helping
If not, take notice of the opposition
As you'll need to change their disposition."

OOC: Blame UM for the rhyming. He encouraged me.

"Unfortunately there will be no proper ban, this is a repeal only effort, the ambassador of CD can write up their own replacement."

[Araraukar]

"Unfortunately there will be no proper ban, this is a repeal only effort, the ambassador of CD can write up their own replacement."

"You will likely find it harder then
As opinions do shift easier when
A promise is made to change the game
Whether it's real or said in vain."

[Kyoki Chudoku]

Tokiko Suou stepped into the chamber, rubbing her eye from the exhaustion of the day. One more session, then she’d be able to focus on something that wasn’t World Assembly resolutions for a little bit. “Ok, ok...” she said, examining the paper, before tilting her head in confusion. “Since when did this become a poetry session...”

”Anyway. I’m in support of the repeal, in hopes that a resolution that better enforces order might come along. That’s it. All I have to say. Not much else to it, really.”

[Christian Democrats]

I am afraid that the idea of a "real ban" eludes me. Under any capitalist or mixed economic system, private industry will almost certainly play some role in the nation's prisons. The government, of course, has to award contracts for a wide variety of prison goods and services, including food, water, power, uniforms, beds, cleaning supplies, vehicles, security cameras, etc. There's hardly such a thing as a wholly public prison.

Further Quoting clause 3 which states "Requires all member states and their political subdivisions, within two calendar years of this resolution's passage and in perpetuity thereafter, to discontinue their use of private prisons for the incarceration of individuals convicted of crimes and serving criminal sentences";

Observing that the aforementioned clause does not ban private prisons in member states but instead, allows them to operate as long as they receive criminals convicted in foreign non-member countries;

Concerned that the resolution does not prohibit private prisons in member states but only bars member states from incarcerating their own convicts in them;

I don't see the problem. If foreign nations want to send their prisoners to World Assembly nations, such prisoners, by virtue of their new residence, will gain World Assembly rights.

[Kenmoria]

I am afraid that the idea of a "real ban" eludes me. Under any capitalist or mixed economic system, private industry will almost certainly play some role in the nation's prisons. The government, of course, has to award contracts for a wide variety of prison goods and services, including food, water, power, uniforms, beds, cleaning supplies, vehicles, security cameras, etc. There's hardly such a thing as a wholly public prison.

(OOC: Although private services will play an important role in public prisons, and it would be silly to legislate otherwise, there is not a need for indefinite leases, or 49.95% ownership structures, to be permitted. The current legislation is extremely easy to loophole, since you don’t ban the aforementioned practices.)

[Araraukar]

I don't see the problem. If foreign nations want to send their prisoners to World Assembly nations, such prisoners, by virtue of their new residence, will gain World Assembly rights.

OOC: But are they "inhabitants" if they're held against their will and are citizens of a foreign nation?

[Imperium Anglorum]

Given the ruling in International Immigration Standard, CD is correct.

[Marxist Germany]

"I would like to submit this in 2 days if there aren't any glaring issues left to address."

[The Great Boom]

The loophole regarding clause three of the original is really concerning. Here's hoping that the replacement bars ALL private operation of prisons. Whether it's one contracted service, full ownership, or anything in between.

[Liberimery]

I don't see the problem. If foreign nations want to send their prisoners to World Assembly nations, such prisoners, by virtue of their new residence, will gain World Assembly rights.

OOC: But are they "inhabitants" if they're held against their will and are citizens of a foreign nation?

OOC: If you are vacationing abroad and commit a crime and arrested you are neither a resident of that country nor a citizen during your incarceration. In fact, RL international law acknowledges this by mandating that foreigners so arrested be allowed to make privileged calls the consulate of their country of citizenship in addition to any rights to legal council afforded to the arresting nation’s citizens and residents.

[Wallenburg]

No thanks.