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[PASSED] Don't Kill the Poor Act

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Wallenburg
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[PASSED] Don't Kill the Poor Act

Postby Wallenburg » Wed Apr 11, 2018 5:09 pm

Convention Against Genocide is good. Very good. However, it does not protect economic classes, as economic status is not a "perceived innate characteristic", at least in most states. Let's fix that, so that member states can't try raising VAT and killing all the poor.

Don't Kill the Poor Act
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Category: Human Rights || Strength: Significant || Proposed by: Wallenburg

Celebrating a history of protecting essential sapient rights,

Recognizing historical efforts to prohibit genocide and guarantee equal rights for the citizens of member states,

Concerned that ill-intentioned governments might engage in violence against the weakest of those under its jurisdiction,

The World Assembly hereby:

  1. Recognizes systematic or otherwise intentional and statistically disproportionate violence perpetrated against a group, forceful isolation of a group in designated areas, removal of a group from designated areas, or the forceful institution of population controls on a group as acts of genocide,

  2. Highlights that case-by-case imprisonment of, displacement of, or use of force against individuals does not target a general group, and so does not constitute genocide,

  3. Renders crimes against humanity any acts of genocide against any group on the basis of economic status or employment,

  4. Requires member states to render aid to individuals escaping genocide on the basis of their economic status or employment, and to consider such persons refugees.
Last edited by Ransium on Wed Nov 14, 2018 10:08 pm, edited 6 times in total.
While she had no regrets about throwing the lever to douse her husband's mistress in molten gold, Blanche did feel a pang of conscience for the innocent bystanders whose proximity had caused them to suffer gilt by association.

King of Snark, Real Piece of Work, Metabolizer of Oxygen, Old Man from The East Pacific, by the Malevolence of Her Infinite Terribleness Catherine Gratwick the Sole and True Claimant to the Bears Armed Vacancy, Protector of the Realm

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Wallenburg
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Postby Wallenburg » Wed Apr 11, 2018 5:12 pm

(Don't) Kill the Poor Act
Category: Human Rights || Strength: Significant || Proposed by: Wallenburg

Celebrating a history of protecting essential sapient rights,

Recognizing historical efforts to prohibit genocide and guarantee equal rights for the citizens of member states,

Concerned that ill-intentioned governments might engage in violence on the weakest of those under its jurisdiction,

The World Assembly hereby:

  1. Recognizes systematic or otherwise intentional and statistically disproportionate violence perpetrated against a group, forceful isolation of a group in designated areas, removal of a group from designated areas, or the forceful institution of population controls on a group as acts of genocide,

  2. Highlights that case-by-case imprisonment of, displacement of, or use of force against individuals does not target a general group, and so does not constitute genocide,

  3. Renders as crimes against humanity any acts of genocide against any group on the basis of economic status or employment,

  4. Requires member states to render aid to those escaping genocide on the basis of their economic status or employment, and to consider such persons refugees.
(Don't) Kill the Poor Act
Category: Human Rights || Area of Strength: Significant || Proposed by: Wallenburg

Celebrating a history of protecting essential sapient rights,

Recognizing historical efforts to prohibit genocide and guarantee equal rights for the citizens of member states,

Concerned that ill-intentioned governments might engage in violence on the weakest of those under its jurisdiction,

The World Assembly hereby:

  1. Recognizes systematic violence perpetrated against a group, forceful isolation of a group in designated areas, removal of a group from designated areas, or the forceful institution of population controls on a group as acts of genocide,

  2. Highlights that case-by-case imprisonment of, displacement of, or use of force against individuals does not target a general group, and so does not constitute genocide,

  3. Prohibits acts of genocide against any group on the basis of economic status or employment,

  4. Requires member states to render aid to those escaping genocide on the basis of their economic status or employment, and to consider such persons refugees.
(Don't) Kill the Poor Act
Category: Human Rights || Area of Strength: Significant || Proposed by: Wallenburg

Celebrating a history of protecting essential sapient rights,

Recognizing historical efforts to prohibit genocide and guarantee equal rights for the citizens of member states,

Concerned that ill-intentioned governments might engage in violence on the weakest of those under its jurisdiction,

The World Assembly hereby:

  1. Recognizes systematic violence perpetrated against a group, forceful isolation of a group in designated areas, removal of a group from designated areas, or the forceful institution of population controls on a group as acts of genocide,

  2. Prohibits acts of genocide against any group on the basis of economic status or employment,

  3. Requires member states to render aid to those escaping genocide on the basis of their economic status or employment, and to consider such persons refugees.

As a footnote, I am fully aware that this also prohibits member states from exterminating the filthy bourgeoisie parasites in the workers' Revolution. As unfortunate as it might be to let them live, we all have to make compromises sometimes.
Last edited by Wallenburg on Fri Nov 02, 2018 8:58 pm, edited 3 times in total.
While she had no regrets about throwing the lever to douse her husband's mistress in molten gold, Blanche did feel a pang of conscience for the innocent bystanders whose proximity had caused them to suffer gilt by association.

King of Snark, Real Piece of Work, Metabolizer of Oxygen, Old Man from The East Pacific, by the Malevolence of Her Infinite Terribleness Catherine Gratwick the Sole and True Claimant to the Bears Armed Vacancy, Protector of the Realm

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Tinfect
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Postby Tinfect » Wed Apr 11, 2018 5:56 pm

Wallenburg wrote:As a footnote, I am fully aware that this also prohibits member states from exterminating the filthy bourgeoisie parasites in the workers' Revolution. As unfortunate as it might be to let them live, we all have to make compromises sometimes.


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Kenmoria
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Postby Kenmoria » Wed Apr 11, 2018 11:23 pm

"Looks good so far. However, the title is slightly odd by normal standards. In a sentence, brackets can be removed without changing the meaning as they clarify or provide additional detail, doing so here would be disastrous."
Hello! I’m a GAer and NS Roleplayer from the United Kingdom.
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Old Hope
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Postby Old Hope » Thu Apr 12, 2018 5:10 am

Recognizes systematic violence perpetrated against a group, forceful isolation of a group in designated areas, removal of a group from designated areas, or the forceful institution of population controls on a group as acts of genocide,

Could you please avoid calling quarantine, or other necessary security measures, genocide?
Irrespective of quarantine not being outlawed by this proposal; it should not be done.
Wallenburg wrote:--Reserved for draft history--

As a footnote, I am fully aware that this also prohibits member states from exterminating the filthy bourgeoisie parasites in the workers' Revolution. As unfortunate as it might be to let them live, we all have to make compromises sometimes.

No it does not. Just exterminate them for corruption, mistreatment, refusal to help et al.

Unfortunately, this is true for the unemployed and poor as well - crimes of sleeping in public areas, begging ...
Last edited by Old Hope on Thu Apr 12, 2018 5:21 am, edited 1 time in total.
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Attempted Socialism
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Postby Attempted Socialism » Thu Apr 12, 2018 5:24 am

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United Massachusetts
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Ex-Nation

Postby United Massachusetts » Thu Apr 12, 2018 6:52 am

"We are wholeheartedly in favour of resolutions to prevent the marginalisation and/or persecution of individuals on account of socioeconomic class. The Roman Catholic Federation will vote for the resolution when it heads to vote."

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Stoskavanya
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Ex-Nation

Postby Stoskavanya » Thu Apr 12, 2018 7:17 am

I think the key word is perceived innate characteristics, which in the doctrines you cite probably would refer to class status or employment as somewhat "innate". I don't think the words are that inflexible.

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Wallenburg
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Postby Wallenburg » Thu Apr 12, 2018 12:09 pm

Kenmoria wrote:"Looks good so far. However, the title is slightly odd by normal standards. In a sentence, brackets can be removed without changing the meaning as they clarify or provide additional detail, doing so here would be disastrous."

"I am still deciding whether this should be named 'Kill the Poor Act' or 'Don't Kill the Poor Act'. Perhaps I should go for 'The Computer Says We Shouldn't Kill all the Poor so We're not Doing It' instead."
Stoskavanya wrote:I think the key word is perceived innate characteristics, which in the doctrines you cite probably would refer to class status or employment as somewhat "innate". I don't think the words are that inflexible.

Except in societies with no real economic mobility and a fixed employment rate, these are not innate characteristics, perceived or otherwise.
While she had no regrets about throwing the lever to douse her husband's mistress in molten gold, Blanche did feel a pang of conscience for the innocent bystanders whose proximity had caused them to suffer gilt by association.

King of Snark, Real Piece of Work, Metabolizer of Oxygen, Old Man from The East Pacific, by the Malevolence of Her Infinite Terribleness Catherine Gratwick the Sole and True Claimant to the Bears Armed Vacancy, Protector of the Realm

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Old Hope
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Ex-Nation

Postby Old Hope » Thu Apr 12, 2018 11:56 pm

After reviewing the Convention against Genocide and possible side effects we shall not support this as long as the following issue exists:
CONVENTION AGAINST GENOCIDE:
2. Member nations are prohibited from perpetrating acts of genocide, and must take action against non-state groups undertaking such activities whithin their borders.

THIS DRAFT:
Recognizes systematic violence perpetrated against a group, forceful isolation of a group in designated areas, removal of a group from designated areas, or the forceful institution of population controls on a group as acts of genocide,

RESULT:
Member nations are prohibited from removing a group from designated areas, institute population controls on groups, or forcefully isolating groups in areas.

Member nations are prohibited to...
enact quarantines.
put people in prison.
enforce the law against groups.
And this list is not exhaustive.
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Kenmoria
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Postby Kenmoria » Fri Apr 13, 2018 9:31 am

"To add to the Old Hope delagation's point, removal of a group of people to a seperate area is not genocide. The word “Genocide” comes from Greek “Genos” meaning race or people, and “-cide” meaning kill. Anything that does not kill a group of people is not genocide."
Hello! I’m a GAer and NS Roleplayer from the United Kingdom.
My pronouns are he/him.
Any posts that I make as GenSec will be clearly marked as such and OOC. Conversely, my IC ambassador in the General Assembly is Ambassador Fortier. I’m always happy to discuss ideas about proposals, particularly if grammar or wording are in issue. I am also Executive Deputy Minister for the WA Ministry of TNP.
Kenmoria is an illiberal yet democratic nation pursuing the goals of communism in a semi-effective fashion. It has a very broad diplomatic presence despite being economically developing, mainly to seek help in recovering from the effect of a recent civil war. Read the factbook here for more information; perhaps, I will eventually finish it.

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Wallenburg
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Postby Wallenburg » Fri Apr 13, 2018 10:13 am

The issue here is that incarceration and quarantine are generally performed on a case-by-case basis. This proposal only applies restrictions to performing such actions against entire groups, on the basis of economic status.

As to your concerns about the use of the word "genocide" to include things other than killing people outright, you might consider the UN's definition of genocide, which reads:
In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

(a) Killing members of the group;

(b) Causing serious bodily or mental harm to members of the group;

(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

(d) Imposing measures intended to prevent births within the group;

(e) Forcibly transferring children of the group to another group.

I have done my best to mirror this definition without plagiarizing it in the way "Convention Against Genocide" does.

EDIT: Didn't notice you were talking IC there. I suppose you can consider the first paragraph here IC, and the rest OOC, since I can't really talk about the UNmentionable organization in any other way.
Last edited by Wallenburg on Fri Apr 13, 2018 10:21 am, edited 2 times in total.
While she had no regrets about throwing the lever to douse her husband's mistress in molten gold, Blanche did feel a pang of conscience for the innocent bystanders whose proximity had caused them to suffer gilt by association.

King of Snark, Real Piece of Work, Metabolizer of Oxygen, Old Man from The East Pacific, by the Malevolence of Her Infinite Terribleness Catherine Gratwick the Sole and True Claimant to the Bears Armed Vacancy, Protector of the Realm

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Auralia
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Ex-Nation

Postby Auralia » Fri Apr 13, 2018 10:19 am

Wallenburg wrote:Recognizes systematic violence perpetrated against a group, forceful isolation of a group in designated areas, removal of a group from designated areas, or the forceful institution of population controls on a group as acts of genocide,

These acts must be perpetrated against a group with the intent to destroy that group in order to constitute genocide. This should be made clear in the proposal.

Martin Russell
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Last edited by Auralia on Fri Apr 13, 2018 10:20 am, edited 1 time in total.
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Wallenburg
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Postby Wallenburg » Fri Apr 13, 2018 10:20 am

Auralia wrote:
Wallenburg wrote:Recognizes systematic violence perpetrated against a group, forceful isolation of a group in designated areas, removal of a group from designated areas, or the forceful institution of population controls on a group as acts of genocide,

These acts must be perpetrated against a group with the intent to destroy that group in order to constitute genocide. This should be made clear in the proposal.

Martin Russell
Chief Ambassador

"Fair enough. I will look into making changes to suit that context."
While she had no regrets about throwing the lever to douse her husband's mistress in molten gold, Blanche did feel a pang of conscience for the innocent bystanders whose proximity had caused them to suffer gilt by association.

King of Snark, Real Piece of Work, Metabolizer of Oxygen, Old Man from The East Pacific, by the Malevolence of Her Infinite Terribleness Catherine Gratwick the Sole and True Claimant to the Bears Armed Vacancy, Protector of the Realm

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Auralia
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Postby Auralia » Fri Apr 13, 2018 10:22 am

Wallenburg wrote:"Fair enough. I will look into making changes to suit that context."

This would also help to stave off Old Hope-style criticisms about this proposal prohibiting quarantines and such.

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Old Hope
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Ex-Nation

Postby Old Hope » Fri Apr 13, 2018 4:14 pm

Wallenburg wrote:
Auralia wrote:These acts must be perpetrated against a group with the intent to destroy that group in order to constitute genocide. This should be made clear in the proposal.

Martin Russell
Chief Ambassador

"Fair enough. I will look into making changes to suit that context."

It would be greatly appreciated if you could define group more narrowly; for this resolution.A group can consist of just three people.
This does not seem to be your intent.
Please do not forget to check your rework against unintended consequences due to synergy with Convention Against Genocide.
It is not what we want and, at least I hope that, not what you want.
Last edited by Old Hope on Fri Apr 13, 2018 4:19 pm, edited 1 time in total.
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Bears Armed
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Postby Bears Armed » Sat Apr 14, 2018 4:16 am

OOC
I'd argue that unless there's an absolutely clear division between rich and poor (e.g. all of the rich have at least 10N each, all of the poor have no more than 1N each, and nobody has any value of 'N' in between those two limits...). which probably isn't the case in most member nations, any thresholds set for dividing a society into 'economic classes' constitute an "arbitrarily assigned and reductive categorisation" so that this would already be covered by GAR #35.
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Old Hope
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Ex-Nation

Postby Old Hope » Sat Apr 14, 2018 4:55 am

Bears Armed wrote:OOC
I'd argue that unless there's an absolutely clear division between rich and poor (e.g. all of the rich have at least 10N each, all of the poor have no more than 1N each, and nobody has any value of 'N' in between those two limits...). which probably isn't the case in most member nations, any thresholds set for dividing a society into 'economic classes' constitute an "arbitrarily assigned and reductive categorisation" so that this would already be covered by GAR #35.

No, not really.
Everyone who needs help from the state to fend off their basic needs because they have not enough money is classified as poor.
Everyone who is poor is a problem for the society and should be killed to protect the nation.

There. Not arbitrarily assigned.
Last edited by Old Hope on Sat Apr 14, 2018 4:57 am, edited 1 time in total.
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Wallenburg
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Postby Wallenburg » Sat Jul 28, 2018 1:59 am

What's this? An old draft of some much needed legislation? Well as long as member states are prohibited from rounding up the dwarves, we may as well forbid them from killing the poor.
While she had no regrets about throwing the lever to douse her husband's mistress in molten gold, Blanche did feel a pang of conscience for the innocent bystanders whose proximity had caused them to suffer gilt by association.

King of Snark, Real Piece of Work, Metabolizer of Oxygen, Old Man from The East Pacific, by the Malevolence of Her Infinite Terribleness Catherine Gratwick the Sole and True Claimant to the Bears Armed Vacancy, Protector of the Realm

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United Massachusetts
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Ex-Nation

Postby United Massachusetts » Sat Jul 28, 2018 6:00 am

Wallenburg wrote:What's this? An old draft of some much needed legislation? Well as long as member states are prohibited from rounding up the dwarves, we may as well forbid them from killing the poor.

"We still support this bill."

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Sciongrad
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Postby Sciongrad » Sat Jul 28, 2018 7:04 am

OOC: I'm not convinced that it is currently legal, under extant WA legislation, to either systemically kill off any group on the basis of their economic status or to legally disadvantage them with the intention of displacing or isolating them. First, the Genocide Convention prohibits genocide against any "identifiable group of persons on the basis of [...] a perceived innate characteristic." Discrimination on the basis of economic status is generally predicated on some belief system that presupposes certain undesirable innate characteristics in the poor (e.g., lazy, criminal, etc.) or even the wealthy for that matter (oppressive, bourgeois, greedy). Even then, wouldn't CoCR prohibit unequal treatment on the basis of a reductive categorization, like economic status? And wouldn't systemic murder or isolation constitute deliberately inequitable legal treatment in violation of CoCR? The WA already outlaws summary execution, so surely there must be some legal basis, even if it's merely a pretext, for mass execution. But this legal basis can't violate CoCR, and I believe any legal regime that permits the mass execution, deportation, isolation, etc. of any group within a society violates CoCR, prima facie. Would you agree?
Last edited by Sciongrad on Sat Jul 28, 2018 7:13 am, edited 1 time in total.
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United Massachusetts
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Postby United Massachusetts » Sat Jul 28, 2018 7:24 am

Sciongrad wrote:OOC: I'm not convinced that it is currently legal, under extant WA legislation, to either systemically kill off any group on the basis of their economic status or to legally disadvantage them with the intention of displacing or isolating them. First, the Genocide Convention prohibits genocide against any "identifiable group of persons on the basis of [...] a perceived innate characteristic." Discrimination on the basis of economic status is generally predicated on some belief system that presupposes certain undesirable innate characteristics in the poor (e.g., lazy, criminal, etc.) or even the wealthy for that matter (oppressive, bourgeois, greedy). Even then, wouldn't CoCR prohibit unequal treatment on the basis of a reductive categorization, like economic status? And wouldn't systemic murder or isolation constitute deliberately inequitable legal treatment in violation of CoCR? The WA already outlaws summary execution, so surely there must be some legal basis, even if it's merely a pretext, for mass execution. But this legal basis can't violate CoCR, and I believe any legal regime that permits the mass execution, deportation, isolation, etc. of any group within a society violates CoCR, prima facie. Would you agree?

No. I imagine killing the poor, in this sense, not to be a matter of any perceived characteristic of the poor, but rather, a perceived economic burden that maintaining their standard of living, in compliance with extant resolutions, entails. A more sinister regime certainly could assert that "leeching off the welfare system" without maintaining employment is a criminal activity, and thus could kill the unemployed. The reasons for killing wealthy individuals would be even easier to justify for these sinister regimes--by maintaining excessive stockpiles of wealth, the rich engage in "theft" of their own society and of the poor.

Either way, I imagine, the reasons for engaging in socioeconomic genocide are not on the basis of a characteristic. Nations have thousands of ways to justify it within the confines of CoCR.

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Sciongrad
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Postby Sciongrad » Sat Jul 28, 2018 8:29 am

United Massachusetts wrote:Either way, I imagine, the reasons for engaging in socioeconomic genocide are not on the basis of a characteristic. Nations have thousands of ways to justify it within the confines of CoCR.

OOC: How could you justify executing or isolating or deporting only poor people without violating CoCR? If we recognize that CoCR does not cover laws that exist only as a pretext to allow discrimination on the basis of one type of reductive categorization, we must recognize that it allows similar loopholes for all types, and the whole thing is undone.
Last edited by Sciongrad on Sat Jul 28, 2018 8:31 am, edited 1 time in total.
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Bears Armed
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Postby Bears Armed » Sat Jul 28, 2018 10:00 am

United Massachusetts wrote:No. I imagine killing the poor, in this sense, not to be a matter of any perceived characteristic of the poor, but rather, a perceived economic burden that maintaining their standard of living, in compliance with extant resolutions, entails. A more sinister regime certainly could assert that "leeching off the welfare system" without maintaining employment is a criminal activity, and thus could kill the unemployed. The reasons for killing wealthy individuals would be even easier to justify for these sinister regimes--by maintaining excessive stockpiles of wealth, the rich engage in "theft" of their own society and of the poor.

Either way, I imagine, the reasons for engaging in socioeconomic genocide are not on the basis of a characteristic. Nations have thousands of ways to justify it within the confines of CoCR.

Now consider the combination of:
GA Resolution #79 'Ban on Ex Post Facto Laws' (which says that you can't punish people for actions carried out before the laws making those actions illegal were actually passed),

GA Resolution #323 'No Penalty Without Law' (which says that you can't punish people for their actions without having passed a law that criminalises those actions).

GA Resolution #344 'Minimum Standard of Living Act' (which requires member nations to guarantee a minimum standard of living to their peoples: trying to criminalise dependence on the nation by people who really can't support themselves seems a pretty clear violation of this)

GA Resolution #375 'Crime and Punishment' (particularly clause 4, which forbids the use of execution as a penalty for nonviolent crimes).
The Confrederated Clans (and other Confrederated Bodys) of the Free Bears of Bears Armed
(includes The Ursine NorthLands) Demonym = Bear[s]; adjective = ‘Urrsish’.
Population = just under 20 million. Economy = only Thriving. Average Life expectancy = c.60 years. If the nation is classified as 'Anarchy' there still is a [strictly limited] national government... and those aren't "biker gangs", they're traditional cross-Clan 'Warrior Societies', generally respected rather than feared.
Author of some GA Resolutions, via Bears Armed Mission; subject of an SC resolution.
Factbook. We have more than 70 MAPS. Visitors' Guide.
The IDU's WA Drafting Room is open to help you.
Author of issues #429, 712, 729, 934, 1120, 1152, 1474, 1521.

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Old Hope
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Ex-Nation

Postby Old Hope » Sat Jul 28, 2018 11:24 am

Bears Armed wrote:
United Massachusetts wrote:No. I imagine killing the poor, in this sense, not to be a matter of any perceived characteristic of the poor, but rather, a perceived economic burden that maintaining their standard of living, in compliance with extant resolutions, entails. A more sinister regime certainly could assert that "leeching off the welfare system" without maintaining employment is a criminal activity, and thus could kill the unemployed. The reasons for killing wealthy individuals would be even easier to justify for these sinister regimes--by maintaining excessive stockpiles of wealth, the rich engage in "theft" of their own society and of the poor.

Either way, I imagine, the reasons for engaging in socioeconomic genocide are not on the basis of a characteristic. Nations have thousands of ways to justify it within the confines of CoCR.

Now consider the combination of:
GA Resolution #79 'Ban on Ex Post Facto Laws' (which says that you can't punish people for actions carried out before the laws making those actions illegal were actually passed),

GA Resolution #323 'No Penalty Without Law' (which says that you can't punish people for their actions without having passed a law that criminalises those actions).

GA Resolution #344 'Minimum Standard of Living Act' (which requires member nations to guarantee a minimum standard of living to their peoples: trying to criminalise dependence on the nation by people who really can't support themselves seems a pretty clear violation of this)

GA Resolution #375 'Crime and Punishment' (particularly clause 4, which forbids the use of execution as a penalty for nonviolent crimes).

Actually, you are quite wrong. One could argue that fulfilling the Minimum Standard of Living Act, if you lack the necessary resources, practically requires you to kill enough people to be able to fulfill the duties for the rest. In this case, killing isn't a punishment for a crime either, but rather a necessary thing for the government to do - just like taxes aren't the punishment for a crime.
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