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[PASSED] Repeal: "Elections and Assistance Act"

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Boston Castle
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[PASSED] Repeal: "Elections and Assistance Act"

Postby Boston Castle » Thu Apr 01, 2021 9:33 pm

Howdy! Yes, I plan to slow walk this unless everyone just falls in love this.

Anyways, I think the ideas as outlined speak for themselves as to why I want to repeal this resolution. Put another way, and in summary, I think it could be a whole heck of a lot stronger. And yes, I do intend to draft a replacement (I actually want to study the impact of electoral system on democratic transitions IRL, so....will be good for me to know what's out there and if I can find data set to support the conclusion that international oversight is, indeed, a good thing), but I don't have a replacement at the moment.

And yes, I'm aware Glen-Rhodes is heavily respected and I applaud their work, but what I know of the research on this really supports stronger implementation provisions in democratic transitions, else they tend to be....quite ineffective.

Finally, happy criticism!


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Repeal: “Elections and Assistance Act”

Category: Repeal | Target: GA #130


The General Assembly,

Noting that promoting democratic transitions and democracy is a noble goal and is indeed the purpose of this resolution, but

Believing that this resolution, while well intentioned, falls well short in a variety of ways in regards to promoting democratic transitions,

Acknowledges that the “encouragement” of Article 2, Section 3 is self-defeating in that the lack of mandate on member states to have an independent, even if state-affiliated, body to conduct elections can lead to abuse by interested parties on their favored candidate or side’s behalf thus undermining the very principle of free and fair elections and opening up the potential for manipulation of elections through corrupt practices;

Notes that the lack of an explicit mandate to be rid of electoral systems with an in-built “disproportionate advantage”, as in Article 2, Section 4 allows for the creation of election systems which, while ostensibly fair, do in the end bias some constituency over another and that the lack of a mandate for fair electoral systems here undermines considerably the creation of fair systems as noted in Article 3, Section 2 by the Organization for Election Assistance (hereinafter the OEA) as member nations could conceivably cite obviously flawed systems as fair as there are no mandates to the contrary;

Recognizes that the non-binding nature of Article 3, Section 2 undermines Article 3, Section 3 as while the OEA may assist in the creation of electoral systems, there is no mandate for nations which call on the OEA's assistance to craft fair electoral systems, thus defeating any purpose that the OEA’s advisory capacity may have in establishing “democratic principles”;

Observes that Article 3, Section 4’s provisions for voluntary election monitoring, on the proviso that the OEA is asked, is contradicted by Sections 5 and 6 which set up mandatory oversight and monitoring provisions which do not require a nation’s consent for implementation;

Discerns that Article 3, Section 5’s provisions for the monitoring of unfair practices do not provide for an investigatory role, only an oversight one, thus hindering the ability of the OEA to deem elections as “free and fair” as there is no mechanism to prove definitively that voter fraud, voter intimidation, or vote buying occurred as there is no way for the OEA to effectively gather data except for through non-compliance proceedings;

Sees that “reasonable consideration” as noted in Article 3, Section 7 is not defined in non-binding OEA vote counts, thus leaving the door open for malign member state actors to potentially disregard the OEA’s tally in electoral disputes, thereby throwing earlier mandates for fair conduct into doubt and disrupting any utility that the monitoring powers granted to aforementioned body in Article 3, Section 6 might have in ensuring that "transitioning nations" successfully conduct free and fair elections; and

Noticing these faults with this resolution as a whole and deeming it unsatisfactory;

Hereby repeals GA #130 [resolution=GA#130] “Elections and Assistance Act”[/resolution].
Last edited by Goobergunchia on Tue Sep 14, 2021 9:11 pm, edited 8 times in total.
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Bananaistan
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Postby Bananaistan » Fri Apr 02, 2021 4:41 am

OOC: I'd have thought that your last two forays into elections would have turned you off the topic?

But anyway opposed due to the likelihood that your replacement will be more nonsense targeting only democracies.

Edit: Link to the target in your OP.

Edit again: All your arguments are weak. The specific point of the OEA in the target is not to come in all high and mighty and say this is the way states should run elections, rather unlike whatever imperialist replacement you're likely to come up with. It is only to offer assistance. Criticising a resolution for exactly meeting its aims is lame.

What is it with you and elections? Just leave it be. The WA cannot mandate elections. Why go about fluting around the edges with fluff that you think soft "liberal" players will like?
Last edited by Bananaistan on Fri Apr 02, 2021 4:47 am, edited 2 times in total.
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Honeydewistania
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Postby Honeydewistania » Fri Apr 02, 2021 5:11 am

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Rhino-Lions
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Postby Rhino-Lions » Fri Apr 02, 2021 10:28 am

Before agree to Repeal such important legislation, I would very much like to see your proposal you intend to replace the current act.

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Pland Adanna
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Postby Pland Adanna » Fri Apr 02, 2021 1:38 pm

Same. I usually only consider repeals once I've seen the replacement (or know that the author doesn't intend to draft a replacement).

I also have the concern about only targeting democracies/trying to turn every nation into a democracy but I also think it can be avoided using careful language.

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Wayneactia
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Postby Wayneactia » Fri Apr 02, 2021 2:07 pm

Little to no reason to repeal this.
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Separatist Peoples
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Postby Separatist Peoples » Fri Apr 02, 2021 5:28 pm

"Full support. The WA ought not regulate any elections as long as the WA cannot require democratic governance."

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Desmosthenes and Burke
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Postby Desmosthenes and Burke » Fri Apr 02, 2021 7:49 pm

We would also support a repeal, on the sole condition that no replacement be attempted. This institution meddles entirely too much already, and does not need to further undermine good governance.
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Androxis
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Postby Androxis » Sat Apr 03, 2021 2:37 am

I won't share my opinions on this subject for the sole reason that no replacement has been given. Even if your ideas seem good, we must see a replacement to properly judge the repeal.

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Imperium Anglorum
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Postby Imperium Anglorum » Sat Apr 03, 2021 11:03 am

An ability to mandate democratic governance is not bar towards assistance for or promotion of democracy. Insofar as the Assembly is not mandating that nations become democracies, it ought to provide assistance, which is exactly what the resolution sets out to do.

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Refuge Isle
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Postby Refuge Isle » Sat Apr 03, 2021 11:41 am

Unequivocally against. What odd arguments...

Notes the lack of a definition of “disproportionate advantage”, as in Article 2, Section 4 allows for the creation of election systems which, while ostensibly fair, do in the end bias some constituency over another;

Definitions are not necessary when the definition provided would be the same as an ordinary dictionary's.

Recognizes that Article 3, Section 2 and Article 3, Section 3 constitute a contradiction in terms as a nation which calls upon the Organization for Election Assistance (hereinafter the OEA) does not have to comply with the OEA’s recommendations for an election system since Article 3, Section creates no provision for binding recommendations or creation by the OEA in regards to an election system, thus defeating any purpose that the OEA’s advisory capacity may have in establishing “democratic principles”;

The OEA provides assistance for governments becoming democratic, not a mandate for governments to become democratic. There is no downside for having resources available for nations that wish help achieving their self-determined aims. If a government requests advice on how to transition their government and then disregards that advice, that is no concern of ours. They may remain in whatever state they started in. It would be extraordinarily bizarre for a government to request advice and then be forced to follow that guidance or face the consequences.

Observes that Article 3, Section 4’s provisions for voluntary election monitoring, on the provison that the OEA is asked, is contradicted by Sections 5 and 6 which set up mandatory oversight and monitoring provisions which do not require a nation’s consent for implementation;

One wonders how consent is not provided when a nation specifically requested the aid. Your criticism is based on the grounds that aid can be a requested and a sham election cannot be run in that circumstance. It looks like the procedure is working as intended.

Sees that “reasonable consideration” as noted in Article 3, Section 7 is not defined, thus leaving open the door for malign member state actors to potentially disregard the OEA’s tally in electoral disputes; and

"Reasonable consideration" is not an applicable argument for this section's strength, as the circumstance you cite is already non-binding. The observations from OEA are there if nations wish it, to the extent that OEA can certify a third party. It would be more unreasonable for the OEA to make binding vote tallies that they did not, themselves, count.

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Boston Castle
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Postby Boston Castle » Sat Jul 24, 2021 10:36 am

Re-written substantively, with the same clauses taken aim at, in order to take into account Luca's criticisms (hopefully well, though I'm not holding my breath).

For those asking, I don't intend to pursue a replacement as I believe a replacement would either a) be toothless in order to escape heavy-handedness or b) so heavy-handed it could not possibly garner majority support in this chamber.

As a side note, this will be submitted, if it is, on Hulldom as that is my WA now.
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Bananaistan
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Postby Bananaistan » Sun Jul 25, 2021 11:14 am

"For each individual argument listed here, what's the alternative? A hard and fast mandate? No thanks. While we would like to see the target repealed, we oppose doing so by means of arguments which will give succour to those who seek impose regulations only on democratic member states."
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Postby Araraukar » Mon Jul 26, 2021 6:03 am

Bananaistan wrote:"For each individual argument listed here, what's the alternative? A hard and fast mandate? No thanks. While we would like to see the target repealed, we oppose doing so by means of arguments which will give succour to those who seek impose regulations only on democratic member states."

"Good thing then, that there exists a resolution that enables a committee to enforce a complete regime change if the current one isn't doing good enough a job. Kiss goodbye to your democracy if your government fucks up hard enough."

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Hulldom
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Postby Hulldom » Thu Jul 29, 2021 7:08 am

Bump. Still looking for feedback on the merit of the arguments made, not necessarily my willingness to write a replacement.
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Hulldom
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Postby Hulldom » Mon Aug 02, 2021 9:41 am

Bumping this one again for comments. If none are forthcoming, I plan to submit as my time allows at the end of the week.
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Postby Honeydewistania » Mon Aug 02, 2021 7:49 pm

There is an unnecessary space before "Elections and Assistance Act" in the last line. Opposed by the way
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Postby Hulldom » Tue Aug 03, 2021 6:21 am

Honeydewistania wrote:There is an unnecessary space before "Elections and Assistance Act" in the last line. Opposed by the way

Having done on this my laptop, can’t really account for it. And that’s fine, I didn’t assume that this would ever get everyone’s support.
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Hulldom
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Postby Hulldom » Sat Aug 07, 2021 4:05 pm

Not switching over to my other account explicitly to change it, but consider this last call. If there is no further significant feedback that's not "Support"/"No Support" or minor tweaks, I plan to submit next Friday or Saturday.
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Hulldom
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Postby Hulldom » Fri Aug 13, 2021 7:35 am

One last hit of the ole bump before a submission tonight or tomorrow?
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Cappedore
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Postby Cappedore » Fri Aug 13, 2021 7:39 am

Are you sure? I know it's been a while since this was put in for drafting but I don't feel like the target is worth repealing... idk this just seems kinda pointless but maybe I'm just tired.
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Hulldom
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Postby Hulldom » Fri Aug 13, 2021 7:43 am

Cappedore wrote:Are you sure? I know it's been a while since this was put in for drafting but I don't feel like the target is worth repealing... idk this just seems kinda pointless but maybe I'm just tired.

I think it's definitely got its flaws. On an OOC level, I'd like to see a stronger replacement, especially in the area of tallies and requirements for fair electoral districts (if they're used) nationally, but it won't pass.

The consensus among many folks I've talked to is that they'd like to see this off the books. I'm simply the one doing it. And there's really no harm should it fail.
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Honeydewistania
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Postby Honeydewistania » Fri Aug 13, 2021 7:51 am

It is ridiculous to repeal a resolution on the grounds that it is not strong enough but not wait for an adequate replacement to be drafted before submitting. These other folks that you speak of that want this repealed - maybe you should use their reasons instead
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Cappedore
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Postby Cappedore » Fri Aug 13, 2021 8:12 am

Honeydewistania wrote:It is ridiculous to repeal a resolution on the grounds that it is not strong enough but not wait for an adequate replacement to be drafted before submitting. These other folks that you speak of that want this repealed - maybe you should use their reasons instead

I think his/her/their reasoning is fine - but the resolution on its own is strong enough. It doesn't need to be repealed.
Last edited by Cappedore on Fri Aug 13, 2021 8:12 am, edited 1 time in total.
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Waldenes
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Postby Waldenes » Fri Aug 13, 2021 8:21 pm

“Oh my... I would be very concerned that repealing this without any plans for replacement could set a very dangerous precedent. I’m afraid we must oppose.”

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