Argument: THE GENERAL ASSEMBLY:
VALUES consistency and fair treatment of all individuals within the justice system of all WA member nations.
UNDERSTANDS that the resolution in question creates a separate process and set of protocols for trying stateless individuals outside of the typical legal channels within WA member nations, which results in the following issues:RECOMMENDS that the WA eliminate the possibility for unequal treatment of stateless individuals.
- Individuals may become stateless by choice, should they prefer to take their risks at trial through this less used process;
- Stateless individuals may elect to declare a nationality simply to avoid the process laid out in this resolution; and
- The resolution implies that the lives and/or rights of stateless individuals are valued differently than those who have a stated nationality, which is not something that the World Assembly should endorse within its resolutions.
BELIEVES that the this resolution establishes a "separate but equal" process, which is inherently unfair and minimizes the humanity and rights that should be accorded to stateless individuals.
REALIZES that since the passage of this resolution, the World Assembly has worked to ensure that the following resolutions regarding due process have been clarified to ensure that the details of the following resolutions affect all individuals, including those who are stateless.ACKNOWLEDGES that the standards provided by the aforementioned pieces of legislation provide greater consistency in the treatment of all individuals whether they are stateless or have declared a nationality, rendering the "protections" provided by this resolution to be unnecessary and thereby merit a repeal.
- GAR #37, Fairness in Criminal Trials,
- GAR #194, Treatment of Inmates,
- GAR#198, Preventing Multiple Trials,
- GAR#201, Habeas Corpus, and
- GAR#202, Convict Appellate Rights.
REPEALS GAR#99, "Multilateral Prosecution Act."
Constructive comments are welcome, to help better steer this repeal draft in the most optimal direction.