It is my sincere belief that clause 5 of the replacement has the potential to be abused by member states or to be interpreted in purported "good faith" in such a manner as to criminalize a wide array of thought and advocacy beyond what is listed in that subsection, thought and advocacy that isn't by any good faith interpretation considered hateful towards groups of protected status. I have already expressed my disagreement with Maowi, who I know is acting in good faith and with sincerity in this regard. It is my belief that the expression of one's conscience should be permitted in an absolute manner, with the only restrictions on the matter being when such expression turns into the advocacy of violence or the advocacy and carrying out of unlawful activities. As such, I have drafted the below resolution.
Category: Furtherment of Democracy
Strength: Strong
The General Assembly,
Understanding that the freedom of people to peacefully assemble is one of paramount importance,
Seeking to protect civil liberties as well as the overall welfare of a society,
Hereby,
- Defines "peaceful assembly" for the purposes of this resolution as any non-violent gathering or association of individuals or groups intended to advocate or pursue any cause, goal, ideology, or allegiance in any public or private space,
- Guarantees individuals or groups the right to participate in a peaceful assembly,
- Prohibits member states and private entities within these member states from:
- Criminalizing or prohibiting participating in a peaceful assembly in any public space, or
- Interfering with or hindering participation in a peaceful assembly in any public space, or
- Carrying out reprisals or other forms of discrimination for against any individual or group participating in a peaceful assembly in any public space,
- Notwithstanding Article 3(b), permits member states to, in the least restrictive and least forceful way possible, prevent or hinder either of the following from occurring at peaceful assemblies:
- The advocacy of violence towards any person or any group of persons, or
- The advocacy or carrying out of unlawful activities,
- Clarifies that:
- Member states shall not carry out any action prohibited by Article 3(a) and 3(b) against those who participate in a peaceful assembly in any private space; provided that the owner or manager(s) of the private space condones such a peaceful assembly, and that activities prohibited by Article 4 are not occurring at such peaceful assemblies,
- Member states may not carry out any action prohibited by Article 3(c) under any circumstances, and that
- This resolution shall permit private entities within member states to, in the least restrictive and least forceful way possible, prevent or hinder activities described in Article 4 from occurring at peaceful assemblies on private property; provided that these private entities are authorized by the owner or manager(s) to prevent or hinder such activities,
- Requires that member states ensure the equitable application of standards that define which speech or action constitutes advocacy of violence.