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[DEFEATED] Forensics Accord

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Clydeith
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[DEFEATED] Forensics Accord

Postby Clydeith » Sun Jan 12, 2020 9:14 pm

Forensic Accord

The World Assembly,

Mindful that swift progress of science and its technological uses must be examined not only in the light of due respect for a being’s dignity,

Hereby,

1. Defines, for the purposes of this resolution...
A. Forensics - scientific tests or techniques used in connection with the detection of crime.
B. Impunity - exemption from punishment or freedom from the injurious consequences of an action.
2. Encourages States to use forensic genetics to contribute to the identification of the remains of victims of serious violations of sentient rights international law, and to address the issue of impunity;
3. Encourages States to use forensic genetics to contribute to the restoration of identity to those persons who were separated from their families, including those taken away from their relatives when they were children and in of violations of international sentient law;
4. Encourages States to use forensic genetics to be applied pursuant to the international standards accepted by the scientific community in relation to quality assurance and control, and to ensure, where appropriate, the utmost respect for the principles of protection and confidentiality of the information and restricted access to such information, and recognizes that many States have domestic legislation in place designed to protect the privacy of individuals;
5. Welcomes the increasing use of forensic genetics in the investigations of serious violations of sentient rights, and calls for further cooperation between States, intergovernmental organizations and non-governmental organizations in planning and conducting such investigations consistent with applicable domestic and international law;
6. Emphasizes the importance of providing the results of the investigations of forensic genetics to national authorities, in particular, where appropriate, to competent judicial authorities;
Last edited by Jakker on Wed Jan 22, 2020 8:34 pm, edited 9 times in total.

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Clydeith
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Forensics Accord

Postby Clydeith » Sun Jan 12, 2020 9:16 pm

Thank you all for the Feedback! I've updated the proposal!
Last edited by Clydeith on Mon Jan 13, 2020 5:29 pm, edited 1 time in total.

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Araraukar
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Postby Araraukar » Mon Jan 13, 2020 1:22 am

Clydeith wrote:
Forensic Genetics Accord

The World Assembly,

Mindful of the fact that ethical issues arising from the swift progress of science and its technological uses must be examined not only in the light of due respect for a human being’s dignity,

Recognizing also that forensic genetics, when applied in an independent manner and subject to international standards, may effectively contribute to the identification of the remains of victims, to the restitution of identity to those persons illegally taken away and to address the issue of impunity,

Recognizing the importance of restoring identity to those persons who were separated from their families of origin, including those cases where they were taken away from their relatives when they were children, in situations of serious violations of human rights and, in the context of armed conflicts, of violations of international humanitarian law,

Stressing that adequate steps to identify victims should also be taken in situations of serious violations of human rights and, in the context of armed conflicts, of violations of international humanitarian law,

Hereby,

1. Encourages States to consider the use of forensic genetics to contribute to the identification of the remains of victims of serious violations of human rights international humanitarian law, and to address the issue of impunity;
2. Encourages States to consider the use of forensic genetics to contribute to the restoration of identity to those persons who were separated from their families, including those taken away from their relatives when they were children, in situations of serious violations of human rights and, in the context of armed conflicts, of violations of international humanitarian law;
3. Encourages States to consider the use of forensic genetics to be applied pursuant to the international standards accepted by the scientific community in relation to quality assurance and control, and to ensure, where appropriate, the utmost respect for the principles of protection and confidentiality of the information and restricted access to such information, and recognizes that many States have domestic legislation in place designed to protect the privacy of individuals;
4. Welcomes the increasing use of forensic genetics in the investigations of serious violations of human rights and international humanitarian law, and calls for further cooperation between States, intergovernmental organizations and non-governmental organizations in planning and conducting such investigations consistent with applicable domestic and international law;
5. Stresses the importance of providing the results of the investigations of forensic genetics to national authorities, in particular, where appropriate, to competent judicial authorities;

OOC: You'll need to define what you mean by forensic genetics.
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The New Nordic Union
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Postby The New Nordic Union » Mon Jan 13, 2020 6:31 am

Araraukar wrote:OOC: You'll need to define what you mean by forensic genetics.


OOC: Also, @ the author, I would suggest changing the title to reflect that this draft is concerned with 'forensic genetics', whatever you define it as, and not forensics in general. I came here thinking I would be reading about physical evidence and its study in general, and not only about, I assume, genetic material in the context of some human (better: sapient) rights violations.
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Verdant Haven
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Postby Verdant Haven » Mon Jan 13, 2020 7:48 am

OOC:

Clydeith wrote:Forensic Genetics Accord


This would make a better title than merely "Forensics Accord." Like The New Nordic Union, I was surprised to find a focus on genetics when I opened this document.

Clydeith wrote:The World Assembly,

Mindful of the fact that ethical issues arising from the swift progress of science and its technological uses must be examined not only in the light of due respect for a human being’s dignity,


Firstly, while no WA resolutions needs to assuming the existence of non-human entities, it is a fact that a large number of players, including some very influential ones with significant clout in the GA, RP non-humans. It would be considerate to adjust the wording to reflect concern for the rights/dignity of all persons (something to consider throughout the draft)

Secondly, the wording on this is a bit awkward. A number of these are long clauses which, while they can be parsed logically, can also be significantly cleaned up. Sometimes it just takes a re-ordering of words to reduce the number of sub-clauses and pauses in the text: "Mindful that the swift progress of science and technology brings with it ethical issues which must be examined in light of the dignities of sentient beings"

Clydeith wrote:Recognizing also that forensic genetics, when applied in an independent manner and subject to international standards, may effectively contribute to the identification of the remains of victims, to the restitution of identity to those persons illegally taken away and to address the issue of impunity,


While "Restitution" is a valid word to use, it has heavy connotation of payment or financial interest, so I think "Restoration" might be cleaner. "Illegally taken away" wants further explanation.

Both "the issue of impunity" and "forensic genetics" are repeatedly brought up, but never defined. Forensic Genetics can be defined later, but "issue of impunity" is not a widespread term (I have no idea what you're talking about here), and either needs to be re-worded, removed, or explained in some way if it is going to be placed in the introductory text like this.

Clydeith wrote:Recognizing the importance of restoring identity to those persons who were separated from their families of origin, including those cases where they were taken away from their relatives when they were children, in situations of serious violations of human rights and, in the context of armed conflicts, of violations of international humanitarian law,


Out of curiosity, is there any case of a person being taken away from their relatives later than childhood, where there would be any question of restoring identity? Anybody but a young child would know perfectly well who they were and where they came from, even if they were later abducted/enslaved, and likely wouldn't need genetics to fill in the blanks. I'm open to the possibility there are, but I'm not immediately coming up with such contexts.

Clydeith wrote:Stressing that adequate steps to identify victims should also be taken in situations of serious violations of human rights and, in the context of armed conflicts, of violations of international humanitarian law,


There are repeated references here and above to violations of human (civil?) rights and international law. It might be worth mentioning what you mean by that - cite a GAR if you've got one! Otherwise, it doesn't exist.

This statement is almost identical to the previous clause. I'm guessing the former was meant for living victims, and the latter for the identification of bodies, but I would make that explicit as it is not presently clear (or else would clarify what is actually meant)

Clydeith wrote:Hereby,


"Defines, for the purposes of this resolution..." - get your definition of what Forensic Genetics is in here! I can take a guess at what you mean, based on some of the work performed by my colleagues in real life, but it isn't clear. Especially when dealing with a law, you've got to define your major terms here.

Clydeith wrote:1. Encourages States to consider the use of forensic genetics to contribute to the identification of the remains of victims of serious violations of human rights international humanitarian law, and to address the issue of impunity;


Drop the "consider" part of these clauses. Encouraging consideration is meaningless. Outright encourage the use, and specify "where it will facilitate..." whatever the clause is talking about.

This again looks like you're talking about dead victims - specify "the deceased" or similar, or make it clear what is meant. Also, "issue of impunity" again is meaningless without definition.

Clydeith wrote:2. Encourages States to consider the use of forensic genetics to contribute to the restoration of identity to those persons who were separated from their families, including those taken away from their relatives when they were children, in situations of serious violations of human rights and, in the context of armed conflicts, of violations of international humanitarian law;


Basically same comments as multiple previous spots - cull, simplify, define.

Clydeith wrote:3. Encourages States to consider the use of forensic genetics to be applied pursuant to the international standards accepted by the scientific community in relation to quality assurance and control, and to ensure, where appropriate, the utmost respect for the principles of protection and confidentiality of the information and restricted access to such information, and recognizes that many States have domestic legislation in place designed to protect the privacy of individuals;


The meaning here is good and necessary, but the text is long and winding. This is another place where simplifying the language and using fewer, stronger, words would be key. "Encourages states to apply the highest scientific standards in the use of forensic genetics, and to maintain the utmost respect for the privacy of affected individuals, in accordance with applicable domestic and international law.

Clydeith wrote:4. Welcomes the increasing use of forensic genetics in the investigations of serious violations of human rights and international humanitarian law, and calls for further cooperation between States, intergovernmental organizations and non-governmental organizations in planning and conducting such investigations consistent with applicable domestic and international law;

5. Stresses the importance of providing the results of the investigations of forensic genetics to national authorities, in particular, where appropriate, to competent judicial authorities;


Nothing major in addition to what has suggested above, except perhaps a period on the end of the final clause. I might also suggest "Emphasizes" vs "Stresses" but that is personal preference.
Last edited by Verdant Haven on Mon Jan 13, 2020 7:48 am, edited 2 times in total.

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Kyrusia
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Postby Kyrusia » Mon Jan 13, 2020 5:27 pm

You don't need multiple threads for different drafts of the same legislation. Merged.
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Tinhampton
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Postby Tinhampton » Thu Jan 16, 2020 11:26 am

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OOC: This resolution has - somehow - reached QUORUM, thanks to Vashy Mishyl's approval of it at 1807 GMT today (i.e. twenty minutes ago).
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Kenmoria
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Postby Kenmoria » Thu Jan 16, 2020 1:29 pm

(OOC: This has not received the level of input and advice necessary to become a passable proposal. I recommend withdrawing the legislation for further work. At this time, I won’t be voting in favour.)
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Verdant Haven
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Postby Verdant Haven » Thu Jan 16, 2020 2:13 pm

I am concerned that the extremely early and incomplete form of this submission will result in a good idea failing. I am all for the idea that motivates this resolution, but it is presently not in a form I can support. Please, withdraw it and actually spend time working on it here so it can succeed as it should.

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Araraukar
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Postby Araraukar » Thu Jan 16, 2020 2:34 pm

OOC: How the hell does that fit Health/Research?

Wordings are weird, definitions useless (doesn't define forensic genetics) and it has only encouragement clauses as active clauses. That's not enough for the Significant/Strong that AoEs have as effect.

Forensics Accord

Category: Health

Area of Effect: Research

The World Assembly,

Mindful that swift progress of science and its technological uses must be examined not only in the light of due respect for a being’s dignity,

Hereby,

1. Defines, for the purposes of this resolution...
A. Forensics - scientific tests or techniques used in connection with the detection of crime.
B. Impunity - exemption from punishment or freedom from the injurious consequences of an action.
2. Encourages States to use forensic genetics to contribute to the identification of the remains of victims of serious violations of sentient rights international law, and to address the issue of impunity;
3. Encourages States to use forensic genetics to contribute to the restoration of identity to those persons who were separated from their families, including those taken away from their relatives when they were children and in of violations of international sentient law;
4. Encourages States to use forensic genetics to be applied pursuant to the international standards accepted by the scientific community in relation to quality assurance and control, and to ensure, where appropriate, the utmost respect for the principles of protection and confidentiality of the information and restricted access to such information, and recognizes that many States have domestic legislation in place designed to protect the privacy of individuals;
5. Welcomes the increasing use of forensic genetics in the investigations of serious violations of sentient rights, and calls for further cooperation between States, intergovernmental organizations and non-governmental organizations in planning and conducting such investigations consistent with applicable domestic and international law;
6. Emphasizes the importance of providing the results of the investigations of forensic genetics to national authorities, in particular, where appropriate, to competent judicial authorities;
- Linda Äyrämäki, acting ambassador in the absence of miss Leveret
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Terttia
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Postby Terttia » Thu Jan 16, 2020 3:01 pm

I recommend that the author should withdraw the proposal before it makes it to vote. In its current condition, it’s most likely going to be defeated.
Last edited by Terttia on Thu Jan 16, 2020 3:11 pm, edited 1 time in total.
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Morover
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Postby Morover » Thu Jan 16, 2020 7:22 pm

OOC: The following was posted to both TRR and TNP's regional forums. I've put it here for the author to see and address.

So, I have a few issues with this proposal. Perhaps the first that comes to mind is that the title does not actually accurately represent the contents of the proposal. When one reads the title, their mind does not automatically go to "the use of genetics in forensic cases," it goes to broader, overarching legislation on the field of forensics. Additionally, I feel the actual category is wrong (and if it looks like it'll pass, I'll submit a legality challenge on those grounds). I feel it would be better put into Regulation: Legal Reform, Social Justice: Mild, or even Civil Rights/Moral Decency: Mild. Health: Research just doesn't tick all the boxes with me.

But now, onto the bulk of the proposal. My immediate impression is the distinctive lack of definition for "forensic genetics," a term used throughout the proposal - while it does have a definition for simply "forensics," a term that, by my count, occurs a grand total of 0 times in the proposal. I assume "forensic genetics" means the use of genetics in order to help with the detection of criminal activity, but, without any actual definition in the proposal, its impossible to know that for certain.

There's also the issue of the continued use of the "encourages" operative clause throughout this proposal. It's my understanding that, as it is seen as enough to deem a "mild" proposal legal, it's enough to be seen as an effective mandate, which doesn't seem to be the intent of the author. If this is not true, however, then this proposal does literally nothing. Having useless legislation is not a good look for the General Assembly, in my opinion. While I'm not opposed to having a resolution on the books that does apply some standards towards forensic investigations, I'd prefer it actually to hold nations accountable, to an extent.

Assuming that my assumed definition of "forensic genetics" is right, and that we're interpreting "encourages" as a soft mandate, the entire proposal is completely ignorant of pre-modern tech nations. While this may be true of many resolutions, this completely leaves primitive nations in the dust, as it completely negates non-genetic forensics work that can be done. Oftentimes, other forensics work would be much preferable to genetics work, and genetics is just overkill in these situations.

Additionally, what the hell is "international sentient law"? Why don't these people separated from their families have any say in their "restoration of identity"? There's too many questions left unanswered that the proposal is terrifyingly vague about. On top of it all, the formatting is one big block of text which is somewhat hard to read - which is certainly less than ideal for it all.

I urge you all to vote against this proposal.
Last edited by Morover on Thu Jan 16, 2020 7:23 pm, edited 2 times in total.

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Superbunny
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Postby Superbunny » Fri Jan 17, 2020 10:47 am

How did this reach the voting floor? It's not formatted and barely finished. Author, please don't ignore everyone here and pull this back. And next time, don't submit your resolution for approval if it's still pretty skeletal.

OOC: Maritime Proposal part two, I guess.
Last edited by Superbunny on Fri Jan 17, 2020 10:47 am, edited 1 time in total.
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Araraukar
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Postby Araraukar » Fri Jan 17, 2020 11:43 am

Superbunny wrote:How did this reach the voting floor?

OOC: Someone campaigned for it and enough delegates didn't give a shit of what they approved.
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Underwater Sovereignties
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Postby Underwater Sovereignties » Sat Jan 18, 2020 9:58 pm

This proposal cannot be accepted in its current form. It fails to address possible evidence tampering by law enforcement or the aforementioned "competent judicial authorities," opening the door to false acquittal or conviction due to mishandled evidence.

Furthermore, the sentence with the phrase "in the [sic] light of due respect for a being’s dignity" is confusing and endorses technological and scientific advancement for human decency, which is agreeable but not relevant in the context of the proposal. I also can't understand why the proposal contradicts itself by saying it intends to improve healthcare standards, which has nothing to do with the contents of the proposal.
Last edited by Underwater Sovereignties on Sat Jan 18, 2020 10:04 pm, edited 1 time in total.

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Araraukar
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Postby Araraukar » Sun Jan 19, 2020 1:39 am

Underwater Sovereignties wrote:I also can't understand why the proposal contradicts itself by saying it intends to improve healthcare standards, which has nothing to do with the contents of the proposal.

OOC: The thing about healthcare is automated text posted by the system, it's based on the category it was submitted under. Like you say (and like I pointed out when this was submitted), it doesn't fit that category as written.
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Araraukar's RP reality is Modern Tech solarpunk.

Giovenith wrote:And sorry hun, if you were looking for a forum site where nobody argued, you've come to wrong one.
Araraukar wrote:
Blueflarst wrote:a cosmopolitan hammer
United Massachusetts wrote:Can we all call ourselves "cosmopolitan hammers"?
Us cosmopolitan hammers
Can teach some manners
Often sorely lacking
Hence us attacking
Silly GA spammers

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Tinhampton
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Postby Tinhampton » Tue Jan 21, 2020 11:41 am

"Forensics Accord" was defeated 10,887 votes to 3,815.

When are they going to remove "Proposal writing is not for novices!" from the proposal submission page? :P
Last edited by Tinhampton on Tue Jan 21, 2020 1:54 pm, edited 1 time in total.
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Author: SC#250, SC#251, Issue #1115 (with Turbeaux), SC#267


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