[PASSED] Repeal GA#419 "Voting Equality for Freed Inmates"

[Frisbeeteria]

GO AND VOTE

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This proposal has been filed to the General Assembly Repeals Board.
NOTE: at 0413 BST on the 2nd of April 2021, this proposal reached quorum with The Chuck's approval, the 60th all told.

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Character count: 573
Word count: 90

Lydia Anderson, former Mayor of Tinhampton and third-in-line to the post of Delegate-Ambassador: The Tinhamptonian delegation voted in favour of the target resolution but - on further reflection - is significantly concerned with the provision of Article 3. Hence the following.
ooc: replacement

Repeal "Voting Equality for Freed Inmates"
A resolution to repeal previously passed legislation.

Category: Repeal

Target: GA#419

Proposed by: Tinhampton

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General Assembly Resolution #419 “Voting Equality for Freed Inmates” (Category: Furtherment of Democracy; Strength: Mild) shall be struck out and rendered null and void.

Deeply concerned that Article 3 of GA#419 prevents this august body from requiring member states to guarantee "enfranchisement for individuals under incarceration," hence implicitly allowing them to deny such individuals the right to partake in the democratic process as equals, and

Noting that this state of affairs cannot change, nor can a new resolution which strikes down all barriers to voting based merely on one's prior or current imprisonment be enacted, unless GA#419 is repealed...

The General Assembly hereby repeals GA#419 "Voting Equality for Freed Inmates."

Why this? OOC - select quotes (mostly) from the UNnameable Organisation's Human Rights Committee:

47. The Committee is... concerned that Queensland still maintains a blanket denial of the right to vote in local and state elections for all prisoners serving a prison sentence, and that restrictions on prisoner voting have a disproportionate impact on indigenous peoples in view of their overrepresentation in prisons (arts. 10, 25 and 26).

48. The State party should ensure that... Queensland affords the right to vote to convicted prisoners, and review the impact of restrictions on prisoner voting on political participation by indigenous peoples.

Concluding observations on the sixth periodic report of Australia, December 2017

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50. The Committee is concerned about the general denial of the right to vote to all convicted prisoners, and recalls that a blanket denial does not meet the requirements of article 10 (3), read in conjunction with article 25 of the Covenant (arts. 10, 25 and 26).

51. The State party should revise legislation denying all convicted prisoners the right to vote in the light of the Committee’s general comment No. 25 (1996) on participation in public affairs and the right to vote (para. 14).

Concluding observations on the third periodic report of Turkmenistan, April 2017

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22. While noting the measures taken by the State party to complete the electoral list... the Committee remains concerned about reports that persons with disabilities and persons held in detention facilities have been unable to exercise their voting rights owing to administrative obstacles (art. 25).

The State party should ensure that voting rights are made accessible to all citizens, including persons with disabilities and persons deprived of their liberty. The State party should also take measures to rectify all administrative obstacles to ensure the equal and full voting rights of all citizens.

Concluding observations on the third periodic report of [North Macedonia], August 2015

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22. The Committee, recalling its previous concern (CCPR/C/GBR/CO/6, para. 28), regrets the lack of progress in reviewing the State party’s legislation denying the right to vote to any prisoner serving a custodial sentence (art. 25).

The Committee reiterates its previous recommendation (CCPR/C/GBR/CO/6, para. 28) that the State party amend its legislation that denies any convicted prisoner the right to vote, with a view to ensuring its full compliance with article 10 (3), read in conjunction with article 25, of the Covenant.

Concluding observations on the seventh periodic report of the United Kingdom[...], August 2015

28. The Committee remains concerned at the State party’s maintenance of section 3 (1) of the Representation of the People Act 1983 prohibiting convicted prisoners from exercising their right to vote, especially in the light of the judgment of the European Court of Human Rights in Hirst v. United Kingdom (2005). The Committee is of the view that general deprivation of the right to vote for convicted prisoners may not meet the requirements of article 10, paragraph 3, read in conjunction with article 25 of the Covenant. (art. 25)

The State party should review its legislation denying all convicted prisoners the right to vote in light of the Covenant.

Concluding observations on the sixth periodic report of the United Kingdom[...], July 2008

3 - Disfranchisement of offenders in prison etc.

(1) A convicted person during the time that he is detained in a penal institution in pursuance of his sentence or unlawfully at large when he would otherwise be so detained is legally incapable of voting at any parliamentary or local government election, unless subsection (1A) applies to that person.

(1A) A convicted person is not legally incapable of voting at a local government election in Scotland by virtue of subsection (1) during the time that the person is detained in a penal institution in pursuance of a sentence imposed for a term not exceeding 12 months.

Representation of the People Act 1983, Sections 3(1) and 3(1A) (note that Section 3(1A) on Scottish local elections was added well after August 2015)

[Honeydewistania]

"It would perhaps be helpful to explain why those that are incarcerated should be allowed to vote within the proposal text.

As Honeydewistania does not employ prisons, we shall remain neutral regarding this topic."

[Drew Durrnil]

"I support both the repeal and the replacement."

[Scalizagasti]

"We are generally supportive of this resolution and the replacement as well. 'Tough on crime' narratives have negatively impacted civil liberties and caused widespread disenfranchisement."

[Thermodolia]

Against. Those who are in prison have lost their right to vote among other rights due to the fact that they are in prison

[Araraukar]

OOC: If the target doesn't ban allowing jailbirds to vote, you don't need to repeal it to give them the right.

[Hannasea]

"Completely opposed. We support a repeal of this resolution, but certainly not one that argues for a replacement that will go even further in allowing the totally undemocratic members of this Assembly to meddle in the affairs of democracies."

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

[Tinhampton]

OOC: If the target doesn't ban allowing jailbirds to vote, you don't need to repeal it to give them the right.

If GA#419 remains in place:
Member states can allow or disallow those serving prison sentences to vote
The WA cannot do so

If GA#419 is replaced and replaced with PCV:
Member states must allow those serving prison sentences to vote
The WA cannot do otherwise

[Ardiveds]

"Opposed. We believe this resolution is appropriate in its current form."

[Maowi]

OOC: If the target doesn't ban allowing jailbirds to vote, you don't need to repeal it to give them the right.

If GA#419 remains in place:
Member states can allow or disallow those serving prison sentences to vote
The WA cannot do so

If GA#419 is replaced and replaced with PCV:
Member states must allow those serving prison sentences to vote
The WA cannot do otherwise

OOC: Your repeal draft reads as stating that the target resolution merely refrains from addressing the topic, rather blocking future WA legislation on it.

[Tinhampton]

Thank you, Maowi. "does not require" has become "prevents this august body from requiring" and the second half of the resolution has been slightly reworded in Draft 1b.

[Tinhampton]

It's been eleven days - are there any (more) thoughts on Draft 1b's contents?

[WayNeacTia]

It's been eleven days - are there any (more) thoughts on Draft 1b's contents?

Drop it? You know how it will end.

[Tinhampton]

I intend to move ahead with this in the coming days if there are no serious flaws underpinning the repeal.

[Tinhampton]

And we are, of course, Proposal-A-Go-Go

[Calamari Lands]

"Inclined to support, but concerned about the repeal passing and the replacement not doing so, which is worse than the current state of affairs. Additionally, Calamari Lands does not employ prisons. Will most likely stay neutral voting-wise but support the message and content of the replacement."

[Illu-chi]

Support a repeal, but not a replacement.

[Cela]

Wouldn't be better to simply propose a new resolution that does guarantee voting rights for inmates than it is to repeal this?

[Honeydewistania]

Wouldn't be better to simply propose a new resolution that does guarantee voting rights for inmates than it is to repeal this?

This resolution explicitly prohibits such a proposal from passing.

[Androxis]

While I am not currently a member of the WA (attributed to the ERN within Europeia), I would like to talk about this.

While I do think the repeal has merit, I disagree with the replacement. I do understand your reasoning behind inmates having a right to vote. While inmates have committed a crime, we should not take away every single right they have. The basic human right to vote should be offered to all, despite their circumstances. While they may have broken the law, we keep them in jails for the safety of the public. The right to vote doesn't interfere with this goal and assuming their crimes are minor, I don't see why we should disenfranchise them from being a citizen. I shall share my ideas on the replacement in the relevant thread.

[Feyrisshire]

One issue I have is the lack of definition on "criminal". What exactly counts as "criminal"?

[Tinhampton]

One issue I have is the lack of definition on "criminal". What exactly counts as "criminal"?

Irrelevant. The word "criminal" does not appear in this repeal or my proposed replacement.

[Uan aa Boa]

I support the repeal but not the replacement. Since the WA can't require nations to hold elections it makes no sense to interfere in those that chose to do so. You end up with "furtherance of democracy" legislation that finds fault with the details of some democracies while dictatorships are automatically compliant, which is ridiculous. The spirit if not the letter of the ideological ban rule is that the Assembly should keep out of such matters.

[Tinhampton]

This will go to vote approximately fifteen minutes from now. Voting will be between major update on Saturday 10th April and major update on Wednesday 14th April.

AS OF 0444 BST ON SATURDAY: Approvals: 84 out of 61 needed (Zukchiva, TESDAI, Sorianora, Ashaie, Indusse, Harkagrad, Our lord Hot Pocket, LollerLand, Duby, Brototh, Wischland, Zarnicovia nova, The Glorious Nation Texas, Mooseland12, The New North Republic, Fangalist Poland, Stedinia, Tomisburg, Sedgistan, Paleocacher, Yuapian, Terra Fratris, Bearded Dragones, Meshakhad, Detrutia, Kustonia, Zombiedolphins, Beepee, Dilber, Valerity, CoraSpia, Infusvia, Yugandastan, Draganisia, TARSILLA, Eastern Ur, New Luciannova, Falthonia, Matonis, Primorye Oblast, NewTexas, Conservativealia, Yjlom, Tvrtkovija, Scenixia, Omnia II, Joeyist Union, Common-Sense Politics, Creator Land, The Hard Part, Minskiev, San Lumen, Castelia, The Chuck, Gladys and the drowning fish, East Lermany, Catgirls and Femboys, Denathor, Pennsylvania02, Wolflandil, Godestra, Tirnot, Polish Commune, Tinhampton, Chimes, SkillCrossbones, Volkerben, Capriscat, Voterland, Orioni 2, Chodean Kal, Greater Zhanland, Fortye, Goodrum, Halexandria, Greater Cesnica, Lyon-County Emporia, The Union of Costa Rica, Karteria, Miltovia, Ker De Toten, Independent Alignments, Communo-Slavocia, Veldar)

[Marxist Germany]

"Whilst it is understandable that criminals who have served their sentences should have their voting rights reinstated, it is preposterous to propose that incarcerated individuals be able to vote, considering they have violated the law of the land; why should someone be able to vote for something they have shown no respect? Additionally, there are crimes such as voter fraud, for which the most obvious punishment is rescinding the person's right to vote. For these reasons, Germany will be opposing this repeal-and-replace effort."