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[PASSED] Freedom of Travel

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Wallenburg
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Democratic Socialists

[PASSED] Freedom of Travel

Postby Wallenburg » Sat Jun 05, 2021 10:37 pm

In a small, forgotten clerk's office beneath the stairs to the second subbasement, Helen Trevanyika scrawls feverishly on page after page, hammering out details, signing forms to gather information from the campus library, and rewriting various clauses as the scope of her work broadens. Finally, she runs back to the Wallenburgian office and sneaks in a clearance form along with the rest of the other paperwork meant for Representative Ogenbond to sign. When he does, she takes the nearest drafting room and prepares copies for any visiting ambassadors.

Freedom of Travel
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Category: Civil Rights || Strength: Strong || Proposed by: Wallenburg

Recognizing the cultural variety of its member states,

Understanding that most member states are built on sedentary hierarchies,

Further recognizing a history of violence, persecution, segregation, and hatred committed by those who control settled areas against those who rely on the resources under their control or the ability to travel through settled territory,

Believing that no law-abiding individual should be compelled to remain in one place, nor persecuted for their choice to travel within the territory of their own nation, nor prevented from traveling by systems designed to restrict their free movement,

The World Assembly hereby enacts these terms:

  1. 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 are recognized as acts of genocide.

  2. Any act of genocide against any group on the basis of their nomadic or non-nomadic status or their desire to travel or settle in a legal manner in any given place or time is a crime against humanity.

  3. Neither the World Assembly nor member states may restrict the domestic travel of any individual to any place or time within their jurisdictions or legally bind any individual to take up residence anywhere, except to the minimal extent necessary to:

    1. Enforce a court order, detain an individual on a criminal charge, or contain a violent individual who poses an immediate threat to public health or safety,

    2. Protect a vulnerable ecosystem, environment, or culturally important site,

    3. Enforce an entity's land use or private property rights,

    4. Enforce a quarantine or otherwise prevent the spread of a disease epidemic,

    5. Restrict the general public from entering an area that presents a serious inherent danger of injury or death which requires specialized training to mitigate,

    6. Evacuate or shelter the entire population of an area when it is threatened by indiscriminate disaster, such as a volcanic eruption or military bombardment,

    7. Prevent espionage, protect military assets, or maintain the cohesion of active military assets, or

    8. Return an individual to their legal custodian when the individual is not traveling with the consent of their custodian.
  4. Member states must, to their full technological capacity, guarantee public access and the ability to safely travel to culturally important and economically essential areas, except where restrictions are permitted under section 3.

  5. Member states may, within the permissions of extant international law, restrict in any manner the use of one or more modes of transportation from one area to another, as long as individuals are still capable of traveling from one to the other in a timely and widely affordable fashion, without significantly increased risk to their health or safety.

  6. Member states may not take action against or deprive of government services any individual on the basis of their non-sedentary behavior, lifestyle, or culture (including itinerancy, nomadism, nomadic pastoralism, and transhumance), or lack thereof.

  7. Segregation of education programs or housing based on nomadic or non-nomadic status is prohibited, including education programs or housing constructed by sedentary cultures or institutions with the intent of primarily serving non-sedentary individuals.

  8. An individual's nomadic or non-nomadic status is an arbitrary, reductive characteristic. Member states must address violence or other crime motivated by the victim's status in this regard with the same haste, seriousness, and measure of justice dedicated to other crimes motivated by an arbitrary, reductive characteristic.

  9. No aspect of this resolution may be enforced in a manner that contradicts precedent World Assembly law in force.
Last edited by Frisbeeteria on Sat Mar 12, 2022 3:29 pm, edited 8 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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Founded: Jan 30, 2015
Democratic Socialists

Postby Wallenburg » Sat Jun 05, 2021 10:37 pm

Freedom of Travel

Recognizing the cultural variety of its member states,

Understanding that most member states are built on sedentary hierarchies,

Further recognizing a history of violence, persecution, segregation, and hatred committed by those who control settled areas against those who rely on the resources under their control or the ability to travel through settled territory,

Believing that no law-abiding individual should be compelled to remain in one place, nor persecuted for their choice to travel within the territory of their own nation,

The World Assembly hereby enacts these terms:

  1. 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 are recognized as acts of genocide.

  2. Any act of genocide against any group on the basis of their nomadic or non-nomadic status or their desire to travel or settle in a legal manner is a crime against humanity.

  3. Member states may not restrict the free travel of individuals through their territory nor legally bind an individual to live in a given area, unless to:

    1. Enforce a court order, detain an individual on a criminal charge, or contain a violent individual who poses an immediate threat to public health or safety,

    2. Protect a vulnerable ecosystem, environment, or culturally important site,

    3. Enforce a quarantine or otherwise prevent the spread of a disease epidemic,

    4. Prevent espionage, protect military assets, or maintain the cohesion of active military assets, or

    5. Return an individual to their legal custodian, when the individual is not traveling with the consent of their custodian.
  4. Member states may not take action against or deprive of government services any individual on the basis of their nomadic or non-nomadic status.

  5. Member states must permit individuals and groups of people to practice non-sedentary behaviors and cultures, including itinerancy, nomadism, nomadic pastoralism, and transhumance.

  6. Member states must guarantee access and the ability to safely travel to culturally important and economically essential areas to non-sedentary travelers.

  7. Segregated education programs or housing for non-sedentary individuals are prohibited, as are education programs or housing created by sedentary cultures or institutions with the intent of primarily serving non-sedentary individuals.

  8. An individual's nomadic or non-nomadic status is considered an arbitrary, reductive characteristic for the purposes of international law, and member states must address violence or other crime motivated by the nomadic or non-nomadic status of the victim with the same haste, seriousness, and measure of justice dedicated to other crimes motivated by an arbitrary, reductive characteristic.

  9. Member states may restrict the use of one or more modes of transportation from one area to another in any manner not yet prohibited under international law, as long as individuals are still capable of traveling from one to the other in a timely and widely affordable fashion, without significantly increased risk to their health or safety.
Freedom of Travel

Recognizing the cultural variety of its member states,

Understanding that most member states are built on sedentary hierarchies,

Further recognizing a history of violence, persecution, segregation, and hatred committed by those who control settled areas against those who rely on the resources under their control or the ability to travel through settled territory,

Believing that no law-abiding individual should be compelled to remain in one place, nor persecuted for their choice to travel within the territory of their own nation,

The World Assembly hereby enacts these terms:

  1. 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 are recognized as acts of genocide.

  2. Any act of genocide against any group on the basis of their nomadic or non-nomadic status or their desire to travel or settle in a legal manner is a crime against humanity.

  3. Member states may not restrict the free travel of individuals within their territory nor legally bind an individual to live in a given area, unless to:

    1. Enforce a court order, detain an individual on a criminal charge, or contain a violent individual who poses an immediate threat to public health or safety,

    2. Protect a vulnerable ecosystem, environment, or culturally important site,

    3. Enforce a quarantine or otherwise prevent the spread of a disease epidemic,

    4. Evacuate the entire population of an area when it is threatened by indiscriminate disaster, such as a volcanic eruption or military bombardment,

    5. Prevent espionage, protect military assets, or maintain the cohesion of active military assets, or

    6. Return an individual to their legal custodian, when the individual is not traveling with the consent of their custodian.
  4. Member states may not take action against or deprive of government services any individual on the basis of their nomadic or non-nomadic status.

  5. Member states must permit individuals and groups of people to practice non-sedentary behaviors and cultures, including itinerancy, nomadism, nomadic pastoralism, and transhumance.

  6. Member states must guarantee access and the ability to safely travel to culturally important and economically essential areas to non-sedentary travelers, except where restrictions are permitted under section 3.

  7. Segregated education programs or housing for non-sedentary individuals are prohibited, as are education programs or housing created by sedentary cultures or institutions with the intent of primarily serving non-sedentary individuals.

  8. An individual's nomadic or non-nomadic status is considered an arbitrary, reductive characteristic for the purposes of international law, and member states must address violence or other crime motivated by the nomadic or non-nomadic status of the victim with the same haste, seriousness, and measure of justice dedicated to other crimes motivated by an arbitrary, reductive characteristic.

  9. Member states may restrict the use of one or more modes of transportation from one area to another in any manner not yet prohibited under international law, as long as individuals are still capable of traveling from one to the other in a timely and widely affordable fashion, without significantly increased risk to their health or safety.
Freedom of Travel

Recognizing the cultural variety of its member states,

Understanding that most member states are built on sedentary hierarchies,

Further recognizing a history of violence, persecution, segregation, and hatred committed by those who control settled areas against those who rely on the resources under their control or the ability to travel through settled territory,

Believing that no law-abiding individual should be compelled to remain in one place, nor persecuted for their choice to travel within the territory of their own nation, nor prevented from traveling by systems designed to restrict their free movement,

The World Assembly hereby enacts these terms:

  1. 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 are recognized as acts of genocide.

  2. Any act of genocide against any group on the basis of their nomadic or non-nomadic status or their desire to travel or settle in a legal manner in any given place is a crime against humanity.

  3. Neither the World Assembly nor member states may restrict the free travel of any individual at any place or time within their jurisdictions or legally bind any individual to take up residence anywhere, unless to:

    1. Enforce a court order, detain an individual on a criminal charge, or contain a violent individual who poses an immediate threat to public health or safety,

    2. Protect a vulnerable ecosystem, environment, or culturally important site,

    3. Enforce an entity's land use or private property rights,

    4. Enforce a quarantine or otherwise prevent the spread of a disease epidemic,

    5. Evacuate or shelter the entire population of an area when it is threatened by indiscriminate disaster, such as a volcanic eruption or military bombardment,

    6. Prevent espionage, protect military assets, or maintain the cohesion of active military assets, or

    7. Return an individual to their legal custodian when the individual is not traveling with the consent of their custodian.
  4. Member states must, to their full technological capacity, guarantee public access and the ability to safely travel to culturally important and economically essential areas, except where restrictions are permitted under section 3.

  5. Member states may, within the permissions of extant international law, restrict in any manner the use of one or more modes of transportation from one area to another, as long as individuals are still capable of traveling from one to the other in a timely and widely affordable fashion, without significantly increased risk to their health or safety.

  6. Member states may not take action against or deprive of government services any individual on the basis of non-sedentary behavior, lifestyle, or culture (including itinerancy, nomadism, nomadic pastoralism, and transhumance), or lack thereof.

  7. Segregation of education programs or housing based on nomadic or non-nomadic status is prohibited, including education programs or housing constructed by sedentary cultures or institutions with the intent of primarily serving non-sedentary individuals.

  8. An individual's nomadic or non-nomadic status is an arbitrary, reductive characteristic, and member states must address violence or other crime motivated by the victim's status in this regard with the same haste, seriousness, and measure of justice dedicated to other crimes motivated by an arbitrary, reductive characteristic.
Freedom of Travel

Recognizing the cultural variety of its member states,

Understanding that most member states are built on sedentary hierarchies,

Further recognizing a history of violence, persecution, segregation, and hatred committed by those who control settled areas against those who rely on the resources under their control or the ability to travel through settled territory,

Believing that no law-abiding individual should be compelled to remain in one place, nor persecuted for their choice to travel within the territory of their own nation, nor prevented from traveling by systems designed to restrict their free movement,

The World Assembly hereby enacts these terms:

  1. 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 are recognized as acts of genocide.

  2. Any act of genocide against any group on the basis of their nomadic or non-nomadic status or their desire to travel or settle in a legal manner in any given place or time is a crime against humanity.

  3. Neither the World Assembly nor member states may restrict the domestic travel of any individual to any place or time within their jurisdictions or legally bind any individual to take up residence anywhere, except to the minimal extent necessary to:

    1. Enforce a court order, detain an individual on a criminal charge, or contain a violent individual who poses an immediate threat to public health or safety,

    2. Protect a vulnerable ecosystem, environment, or culturally important site,

    3. Enforce an entity's land use or private property rights,

    4. Enforce a quarantine or otherwise prevent the spread of a disease epidemic,

    5. Restrict the general public from entering an area that presents a serious inherent danger of injury or death which requires specialized training to mitigate,

    6. Evacuate or shelter the entire population of an area when it is threatened by indiscriminate disaster, such as a volcanic eruption or military bombardment,

    7. Prevent espionage, protect military assets, or maintain the cohesion of active military assets, or

    8. Return an individual to their legal custodian when the individual is not traveling with the consent of their custodian.
  4. Member states must, to their full technological capacity, guarantee public access and the ability to safely travel to culturally important and economically essential areas, except where restrictions are permitted under section 3.

  5. Member states may, within the permissions of extant international law, restrict in any manner the use of one or more modes of transportation from one area to another, as long as individuals are still capable of traveling from one to the other in a timely and widely affordable fashion, without significantly increased risk to their health or safety.

  6. Member states may not take action against or deprive of government services any individual on the basis of their non-sedentary behavior, lifestyle, or culture (including itinerancy, nomadism, nomadic pastoralism, and transhumance), or lack thereof.

  7. Segregation of education programs or housing based on nomadic or non-nomadic status is prohibited, including education programs or housing constructed by sedentary cultures or institutions with the intent of primarily serving non-sedentary individuals.

  8. An individual's nomadic or non-nomadic status is an arbitrary, reductive characteristic. Member states must address violence or other crime motivated by the victim's status in this regard with the same haste, seriousness, and measure of justice dedicated to other crimes motivated by an arbitrary, reductive characteristic.

  9. No aspect of this resolution may be enforced in a manner that contradicts World Assembly law henceforth in force.
Last edited by Wallenburg on Tue Mar 01, 2022 12:13 pm, edited 4 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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Kenmoria
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Postby Kenmoria » Sat Jun 05, 2021 11:37 pm

“This looks to be a well-crafted law, and it has my tentative support. However, I do have two problems with it. First, access to private property is not enumerated in the exceptions of clause 2, seemingly allowing individuals to wander into someone’s house. Although the government doesn’t own this property, it is still the entity that would be doing the restricting. Second, clause 6 appears to contradict with clause 2b, with the latter allowing member states to prohibit access to culturally-important sites for preservation reasons.”
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Bananaistan
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Postby Bananaistan » Sun Jun 06, 2021 12:56 am

"Section 3 is greatly problematic. Member states have a legitimate interest in preventing certain anti-social individuals from entering their nations, beyond just those who are violent. For example, some years ago a particular nasty preacher intended to drive from Smallertopia to Biggertopia through Bananaistan - he was not permitted entry. Nations should not be obliged to allow entry to all and sundry.

"Also the second line is an issue. The politburo believes that at this stage, the capitalists and imperialists with their social hierarchies are in the minority."
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Araraukar
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Corrupt Dictatorship

Postby Araraukar » Sun Jun 06, 2021 1:29 am

IC: "So evacuations are now genocide?"

OOC: The "removal of a group from designated areas" bit in the definition and lack of exception in clause 3.
Last edited by Araraukar on Sun Jun 06, 2021 1:33 am, edited 2 times in total.
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Wallenburg
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Democratic Socialists

Postby Wallenburg » Sun Jun 06, 2021 10:01 am

Kenmoria wrote:“This looks to be a well-crafted law, and it has my tentative support. However, I do have two problems with it. First, access to private property is not enumerated in the exceptions of clause 2, seemingly allowing individuals to wander into someone’s house. Although the government doesn’t own this property, it is still the entity that would be doing the restricting.

"Non-government entities may deny access to their property. Member states may also, if an individual trespasses onto that property anyway, charge the individual with trespassing, or the owner may bring the trespasser to court for damages."
Second, clause 6 appears to contradict with clause 2b, with the latter allowing member states to prohibit access to culturally-important sites for preservation reasons.”

"Ah, of course. I will fix that."
Bananaistan wrote:"Section 3 is greatly problematic. Member states have a legitimate interest in preventing certain anti-social individuals from entering their nations, beyond just those who are violent. For example, some years ago a particular nasty preacher intended to drive from Smallertopia to Biggertopia through Bananaistan - he was not permitted entry. Nations should not be obliged to allow entry to all and sundry.

"My apologies, the intent of this proposal is to free travel within member states. Immigration and emigration are meant to go unaffected by these mandates. I will exchange prepositions in order to better reflect this in the text."
"Also the second line is an issue. The politburo believes that at this stage, the capitalists and imperialists with their social hierarchies are in the minority."

Helen screws her face up in disbelief. "I am afraid that seems rather unlikely. If you can bring evidence to that effect then I will alter the preamble. However, I am rather certain these hierarchies pervade the majority of member states."
Araraukar wrote:IC: "So evacuations are now genocide?"

OOC: The "removal of a group from designated areas" bit in the definition and lack of exception in clause 3.

"Any good faith evacuation would not target groups based on their nomadic status."

OOC: An exception for the immediate health or safety of the public in the face of indiscriminate disaster seems appropriate.
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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Hulldom
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Postby Hulldom » Sun Jun 06, 2021 12:59 pm

Van Rooy smirks

"Ambassador, I believe we will get on just fine. At this stage, my delegation can see no problems with this draft, though I caution we might later."
...And I feel like I'm clinging to a cloud!

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WayNeacTia
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Postby WayNeacTia » Sun Jun 06, 2021 4:14 pm

Yeah..... Not a fucking chance.
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Araraukar
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Corrupt Dictatorship

Postby Araraukar » Mon Jun 07, 2021 5:15 am

OOC: I'd have to check the passed resolutions list for the resolution I have in mind but currently don't have the time to do so - this would seem to mandate a nation needs to let a nomadic terrorist group free access to anywhere that doesn't fall under exceptions of 3.b., which I think trains and train stations for example do not. Can't remember what the anti-terrorist resolution says exactly, but fairly sure you're allowed to "discriminate" against known members of a terrorist organization...

Also, when you say "travel within member nations", do you mean that if two WA nations share a border, they must allow "nomads" (how is that status verified, by the way? would RL USA reservate indians count if their tribes were nomadic before they were forced into sedentary lifestyles or do they not count because they're not currently nomadic?) to cross without any hindrance? Or does that mean within a single nation?

And lastly, title should probably be changed if this is meant to be all about nomads, not just travel in general.

EDIT: Clause 7. How is "non-segregated education program" going to work if you can't mandate the people stay within a certain area so their kids can go to a specific school with all the other kids? Schools usually progress through the year's quota of learning at different paces, or in slightly different order, so if the kids are moved from school to school and part-time home-schooled (I forget, did we pass the resolution mandating homeschooling to be allowed?), how are they supposed to integrate into a new school with no problems every couple of weeks or months or whatever time unit?

And also, if a child's wellbeing is proven to be endangered by the "nomadic lifestyle" (unsafe conditions, not receiving education or medical care due to being out of reach of the sedentary services, etc.), do you think a nation should take the child away from the parents/guardians or be allowed to enforce the parents/guardians to stick to sedentary lifestyle while their kids are kids?
Last edited by Araraukar on Mon Jun 07, 2021 5:25 am, edited 2 times in total.
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Wallenburg
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Democratic Socialists

Postby Wallenburg » Mon Jun 07, 2021 9:53 am

Araraukar wrote:OOC: I'd have to check the passed resolutions list for the resolution I have in mind but currently don't have the time to do so - this would seem to mandate a nation needs to let a nomadic terrorist group free access to anywhere that doesn't fall under exceptions of 3.b., which I think trains and train stations for example do not. Can't remember what the anti-terrorist resolution says exactly, but fairly sure you're allowed to "discriminate" against known members of a terrorist organization...

The law still applies to nomads. That you see something that says you can't discriminate against people based on an arbitrary characteristic and immediately go "but what about terrorists?" is concerning.
Also, when you say "travel within member nations", do you mean that if two WA nations share a border, they must allow "nomads" to cross without any hindrance? Or does that mean within a single nation?

https://www.lexico.com/en/definition/within
(how is that status verified, by the way? would RL USA reservate indians count if their tribes were nomadic before they were forced into sedentary lifestyles or do they not count because they're not currently nomadic?)

This proposal has nothing to do with "tribes". It deals with individuals and groups of individuals. What your ancestors did has no bearing on your own nomadic status.
And lastly, title should probably be changed if this is meant to be all about nomads, not just travel in general.

It is not all about nomads. Clause 3 and 9 concern all acts of travel.
EDIT: Clause 7. How is "non-segregated education program" going to work if you can't mandate the people stay within a certain area so their kids can go to a specific school with all the other kids? Schools usually progress through the year's quota of learning at different paces, or in slightly different order, so if the kids are moved from school to school and part-time home-schooled (I forget, did we pass the resolution mandating homeschooling to be allowed?), how are they supposed to integrate into a new school with no problems every couple of weeks or months or whatever time unit?

As you have referenced, homeschooling is a viable option. It is also possible for students to transfer between schools, or be coenrolled in multiple, or for one school system to serve multiple physical locations, or for coursework to be accelerated into a quarter system from a semester system, or for coursework and class material to be managed through an online class setting. There are countless ways to address students who move frequently.
And also, if a child's wellbeing is proven to be endangered by the "nomadic lifestyle" (unsafe conditions, not receiving education or medical care due to being out of reach of the sedentary services, etc.), do you think a nation should take the child away from the parents/guardians

Child neglect is illegal in Araraukar? Then follow your own laws.
or be allowed to enforce the parents/guardians to stick to sedentary lifestyle while their kids are kids?

No.
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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Scalizagasti
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Postby Scalizagasti » Mon Jun 07, 2021 11:28 am

Wallenburg wrote:"Non-government entities may deny access to their property”

"What about government-owned property that is not used for military purposes? For instance, I would not want citizens wandering around our Parliament's Chamber while it is in session."
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Old Hope
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Postby Old Hope » Mon Jun 07, 2021 2:46 pm

Scalizagasti wrote:
Wallenburg wrote:"Non-government entities may deny access to their property”

"What about government-owned property that is not used for military purposes? For instance, I would not want citizens wandering around our Parliament's Chamber while it is in session."

True. There is no risk of espionage if the proceedings are publicly visible, but the safety of a parliament's chamber is extremely important nontheless.
Member states must guarantee access and the ability to safely travel to culturally important and economically essential areas to non-sedentary travelers, except where restrictions are permitted under section 3.

Erm, and this actually applies to non-government entities because the member states must gurantee access; irrespective of the ownership status of such areas.
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Araraukar
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Corrupt Dictatorship

Postby Araraukar » Tue Jun 08, 2021 6:18 am

Wallenburg wrote:That you see something that says you can't discriminate against people based on an arbitrary characteristic and immediately go "but what about terrorists?" is concerning.

OOC: If that was all you were saying, I wouldn't have issues, but you're trying to set up positive discrimination of an arbitrary group of people, giving them more rights than the general population, so it can create issues you didn't foresee.

Also, when you say "travel within member nations", do you mean that if two WA nations share a border, they must allow "nomads" to cross without any hindrance? Or does that mean within a single nation?

https://www.lexico.com/en/definition/within

Which doesn't answer the question as "within an area defined by borders" can still mean more than one member nation if they share a border. Haven't you ever heard of the Schengen area? :p

(how is that status verified, by the way? would RL USA reservate indians count if their tribes were nomadic before they were forced into sedentary lifestyles or do they not count because they're not currently nomadic?)

This proposal has nothing to do with "tribes". It deals with individuals and groups of individuals. What your ancestors did has no bearing on your own nomadic status.

Interesting, but sure, that'll let nations classify nobody as nomadic (they just need to have assigned them permanent location to settle in, at the time of this passing), so, sure, works for me.

And lastly, title should probably be changed if this is meant to be all about nomads, not just travel in general.

It is not all about nomads. Clause 3 and 9 concern all acts of travel.

"It's 78% about nomads" means it's so much about nomads that in everyday language it's all about nomads.

As you have referenced, homeschooling is a viable option.

Is it?

There are countless ways to address students who move frequently.

Yeah, such as fostering them to people who don't move about so much.

Child neglect is illegal in Araraukar? Then follow your own laws.
or be allowed to enforce the parents/guardians to stick to sedentary lifestyle while their kids are kids?

No.

Great, no kids for nomads then. Works for me, but likely wasn't what you intended.
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Trellania
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Ex-Nation

Postby Trellania » Tue Jun 08, 2021 9:56 am

A harried-looking woman in a fancy medieval gown comes rushing in, several scrolls in her arms.

"This... is not my office."

She sighs, then looks at the issue being discussed.

"Oh! Right, part of my job... I'm Dame Allania Trueblood, delegate from Trellania. Let's see..."

Wallenburg wrote:Understanding that most member states are built on sedentary hierarchies,


"Personally, I find this a little offensive; our hiearchy may not allow for much mobility, but we do not sit around on our rumps like those overfed cattle you see running some other nations!"

Segregated education programs or housing for non-sedentary individuals are prohibited, as are education programs or housing created by sedentary cultures or institutions with the intent of primarily serving non-sedentary individuals.


"I find this questionable. What if the practice of the nomadic group includes their own, segregated education that still meets all national education standards but also imparts their own cultural practices and necessary lessons related to their nomadic lifestyle? This clause potentially makes such education illegal, and leaves open utilizing education as a weapon against those cultures."

Dame Allania looks up from the draft. "I think you have a good idea, but the education standards need a slight rework to account for nomadic education requirements."

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Imperium Anglorum
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Postby Imperium Anglorum » Tue Jun 08, 2021 10:56 am

Home schooling is acceptable if it complies with Ending School Segregation.

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Trellania
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Ex-Nation

Postby Trellania » Tue Jun 08, 2021 11:04 am

"Segregation of nomadic communities for purposes of education is allowed under Ending School Segregation under the 'undue hardship' exception; forcing a child to attend a school that is nonmobile when their culture is extremely mobile can impose an undue hardship upon both them and the nomadic community. This proposal would end that allowance."

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Wallenburg
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Democratic Socialists

Postby Wallenburg » Tue Jun 08, 2021 12:54 pm

Araraukar wrote:OOC: If that was all you were saying, I wouldn't have issues, but you're trying to set up positive discrimination of an arbitrary group of people, giving them more rights than the general population, so it can create issues you didn't foresee.

What rights do nomadic individuals have under this proposal that sedentary individuals do not?

Which doesn't answer the question as "within an area defined by borders" can still mean more than one member nation if they share a border. Haven't you ever heard of the Schengen area? :p

Yes, it does. "Within" describes internal movement, not transnational movement.
This proposal has nothing to do with "tribes". It deals with individuals and groups of individuals. What your ancestors did has no bearing on your own nomadic status.

Interesting, but sure, that'll let nations classify nobody as nomadic (they just need to have assigned them permanent location to settle in, at the time of this passing), so, sure, works for me.

That violates section 3.
"It's 78% about nomads" means it's so much about nomads that in everyday language it's all about nomads.

"What you're drinking is 78% water, so it's so much water that in everyday language it's basically pure water." Also, by actual content rather than number of sections, this is only 58% about nomads.
As you have referenced, homeschooling is a viable option.

Is it?

Point me to the resolution that bans homeschooling.
There are countless ways to address students who move frequently.

Yeah, such as fostering them to people who don't move about so much.
Child neglect is illegal in Araraukar? Then follow your own laws.

No.

Great, no kids for nomads then. Works for me, but likely wasn't what you intended.

Both of these are forced population controls, and therefore acts of genocide.
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.

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Wallenburg
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Democratic Socialists

Postby Wallenburg » Tue Jun 08, 2021 12:56 pm

Trellania wrote:"I find this questionable. What if the practice of the nomadic group includes their own, segregated education that still meets all national education standards but also imparts their own cultural practices and necessary lessons related to their nomadic lifestyle? This clause potentially makes such education illegal, and leaves open utilizing education as a weapon against those cultures."

The segregated nature of the education would be illegal under section 7, the educational material would not.
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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Trellania
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Ex-Nation

Postby Trellania » Tue Jun 08, 2021 1:12 pm

Wallenburg wrote:
Trellania wrote:The segregated nature of the education would be illegal under section 7, the educational material would not.


"And it is the ending the segregated nature of education I take issue with. It is not practical; the only mobile schools we have that are capable of serving the lifestyles of nomadic peoples are run by the nomads themselves. All of our sedentary schools focus on the needs of the locals. Ending that segregation would mean sedentary people going to a school that will not even be in the same region the next week or nomadic people suffering constant, unending disruptions to education as they constantly switch from school to school.

"Miss Trevanyika, I know you are trying to make things better for nomads, but from everything I see the education portion will only make things substantially worse. If that is not changed, I do not see any way this proposal can be passed without suffering arguments it potentially violates the prohibition against genocide."

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Wallenburg
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Democratic Socialists

Postby Wallenburg » Tue Jun 08, 2021 4:55 pm

Trellania wrote:"And it is the ending the segregated nature of education I take issue with. It is not practical; the only mobile schools we have that are capable of serving the lifestyles of nomadic peoples are run by the nomads themselves. All of our sedentary schools focus on the needs of the locals. Ending that segregation would mean sedentary people going to a school that will not even be in the same region the next week or nomadic people suffering constant, unending disruptions to education as they constantly switch from school to school.

"Miss Trevanyika, I know you are trying to make things better for nomads, but from everything I see the education portion will only make things substantially worse. If that is not changed, I do not see any way this proposal can be passed without suffering arguments it potentially violates the prohibition against genocide."

"Segregation must be prohibited, there is no argument you can give to convince me otherwise. Segregation against those of nomadic cultures historically results in broader persecutory acts and systems. I am talking about intergenerational poverty, bigotry, enslavement, and murder. In the case of schools created by nomadic cultures, I direct your attention to the language of section 7, which prohibits 'education programs or housing created by sedentary cultures or institutions with the intent of primarily serving non-sedentary individuals', but not education programs or housing created by nomadic cultures or institutions with the same intent. Perhaps I can elaborate on this issue to say that segregation and self-segregation on the basis of nomadic status are prohibited, with the understanding that not attending a nomadic school due to its often remote location doesn't fall afoul of that prohibition."
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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Trellania
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Founded: Jun 07, 2021
Ex-Nation

Postby Trellania » Tue Jun 08, 2021 5:29 pm

Wallenburg wrote:"Segregation must be prohibited, there is no argument you can give to convince me otherwise. Segregation against those of nomadic cultures historically results in broader persecutory acts and systems. I am talking about intergenerational poverty, bigotry, enslavement, and murder. In the case of schools created by nomadic cultures, I direct your attention to the language of section 7, which prohibits 'education programs or housing created by sedentary cultures or institutions with the intent of primarily serving non-sedentary individuals', but not education programs or housing created by nomadic cultures or institutions with the same intent. Perhaps I can elaborate on this issue to say that segregation and self-segregation on the basis of nomadic status are prohibited, with the understanding that not attending a nomadic school due to its often remote location doesn't fall afoul of that prohibition."


"Nomadic cultures are non-sedentary by definition; that is where the source of major contention lies on this issue. And a simple exemption for undue hardship, as was done in Ending School Segregation, would cover it just fine.

"And I must apologize for being so difficult on this matter. My own nation has our traditional nomadic peoples, and they are a traditionally protected people because of their history importance to our economy. Protecting them is among the duties of any who carry a knight's title."

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Tinhampton
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Civil Rights Lovefest

Postby Tinhampton » Tue Jun 08, 2021 6:43 pm

Alexander Smith, Tinhamptonian Delegate-Ambassador to the World Assembly: Does Article 7 forbid members of traveller communities from holding moveable property which they own and which could be construed as "segregated housing for non-sedentary individuals?"
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Wallenburg
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Democratic Socialists

Postby Wallenburg » Tue Jun 08, 2021 9:46 pm

Tinhampton wrote:Alexander Smith, Tinhamptonian Delegate-Ambassador to the World Assembly: Does Article 7 forbid members of traveller communities from holding moveable property which they own and which could be construed as "segregated housing for non-sedentary individuals?"

"No, owning a home doesn't mean you are segregating it for people like yourself and against people unlike yourself."
Last edited by Wallenburg on Tue Jun 08, 2021 9:47 pm, edited 1 time 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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Araraukar
Post Marshal
 
Posts: 15899
Founded: May 14, 2007
Corrupt Dictatorship

Postby Araraukar » Tue Jun 08, 2021 9:46 pm

OOC: Segregation by nomads, Wally, not against, is the educational issue.
- ambassador miss Janis Leveret
Araraukar's RP reality is Modern Tech solarpunk. In IC in the WA.
Giovenith wrote:And sorry hun, if you were looking for a forum site where nobody argued, you've come to wrong one.
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Trellania
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Founded: Jun 07, 2021
Ex-Nation

Postby Trellania » Wed Jun 09, 2021 6:23 am

OOC: Exactly what Ararauker said. The issue is the idea nomads should be allowed to self-segregate for education so they can educate on the road in an organized fashion, instead of trying to come up with some education system where either they are 100% homeschooling (meaning a destruction of any organized education traditions they may have) or being forced to attend sedentary schools they will not necessarily stay within range of.

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