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[Pulled] Right To Peaceful Assembly

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Greater Cesnica
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[Pulled] Right To Peaceful Assembly

Postby Greater Cesnica » Fri Jan 22, 2021 6:03 pm

I'd like to begin by explaining why I drafted this. I did so because I am aware that a repeal draft will be submitted imminently targeting GAR#27 "Right To Assemble" . In the event that it is repealed, the authors of the repeal intend to push this to vote as a replacement: viewtopic.php?p=38081831#p38081831

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,

  1. 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,
  2. Guarantees individuals or groups the right to participate in a peaceful assembly,
  3. Prohibits member states and private entities within these member states from:
    1. Criminalizing or prohibiting participating in a peaceful assembly in any public space, or
    2. Interfering with or hindering participation in a peaceful assembly in any public space, or
    3. Carrying out reprisals or other forms of discrimination for against any individual or group participating in a peaceful assembly in any public space,
  4. 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:
    1. The advocacy of violence towards any person or any group of persons, or
    2. The advocacy or carrying out of unlawful activities,
  5. Clarifies that:
    1. 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,
    2. Member states may not carry out any action prohibited by Article 3(c) under any circumstances, and that
    3. 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,
  6. Requires that member states ensure the equitable application of standards that define which speech or action constitutes advocacy of violence.
Last edited by Greater Cesnica on Tue Feb 09, 2021 7:27 pm, edited 31 times in total.
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Greater Cesnica
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Postby Greater Cesnica » Fri Jan 22, 2021 6:14 pm

The General Assembly,

Understanding that the freedom of people to assemble without fear from reprisal, oppression, or hindrance is one of paramount importance,

Seeking to protect civil liberties as well as the overall welfare of a society,

Hereby,

  1. Prohibits member states and private entities within these member states from:
    1. Criminalizing or prohibiting the acts of engaging in, abetting, and organizing any peaceful assembly for the purposes of advocating any cause, ideology, or allegiance,
    2. Interfering with or hindering individuals and groups from engaging in, abetting, and organizing any peaceful assembly for the purposes of advocating any cause, ideology, or allegiance,
    3. Carrying out reprisals or other forms of discrimination against individuals and groups for engaging in, abetting, and organizing any peaceful assembly for the purposes of advocating any cause, ideology, or allegiance,
  2. Permits member states and private entities within these member states to act contrary to clause 1 of this resolution, but in the least restrictive and least forceful way possible, to stop or limit individuals and groups from participating in a peaceful assembly in order to prevent one or more of the following:
    1. The advocacy of violence towards any person or any group of persons, or
    2. The advocacy or carrying out of unlawful activities, and
  3. Requires that member states draft and implement the equitable application of standards that define which speech or action constitutes advocacy of violence.
Draft created.
The General Assembly,

Understanding that the freedom of people to assemble without fear from reprisal, oppression, or hindrance is one of paramount importance,

Seeking to protect civil liberties as well as the overall welfare of a society,

Hereby,

  1. Prohibits member states and private entities within these member states from:
    1. Criminalizing or prohibiting the acts of engaging in, abetting, and organizing any peaceful assembly for the purposes of advocating any cause, ideology, or allegiance,
    2. Interfering with or hindering individuals and groups from engaging in, abetting, and organizing any peaceful assembly for the purposes of advocating any cause, ideology, or allegiance,
    3. Carrying out reprisals or other forms of discrimination against individuals and groups for engaging in, abetting, and organizing any peaceful assembly for the purposes of advocating any cause, ideology, or allegiance,
  2. Permits member states and private entities within these member states to act contrary to clause 1 of this resolution, but in the least restrictive and least forceful way possible, to stop or limit individuals and groups from participating in a peaceful assembly in order to prevent one or more of the following:
    1. The advocacy of violence towards any person or any group of persons, or
    2. The advocacy or carrying out of unlawful or unsafe activities, and
  3. Requires that member states draft and implement the equitable application of standards that define which speech or action constitutes advocacy of violence.
Added 'unsafe' in 2(b).
The General Assembly,

Understanding that the freedom of people to assemble without fear from reprisal, oppression, or hindrance is one of paramount importance,

Seeking to protect civil liberties as well as the overall welfare of a society,

Hereby,

  1. Prohibits member states and private entities within these member states from:
    1. Criminalizing or prohibiting the acts of engaging in, abetting, and organizing any peaceful assembly for the purposes of advocating any cause, ideology, or allegiance in any public space,
    2. Interfering with or hindering individuals and groups from engaging in, abetting, and organizing any peaceful assembly for the purposes of advocating any cause, ideology, or allegiance in any public space,
    3. Carrying out reprisals or other forms of discrimination against individuals and groups for engaging in, abetting, and organizing any peaceful assembly for the purposes of advocating any cause, ideology, or allegiance in any public space,
  2. Permits member states and private entities within these member states to act contrary to clause 1 of this resolution, but in the least restrictive and least forceful way possible, to stop or limit individuals and groups from participating in a peaceful assembly in order to prevent one or more of the following:
    1. The advocacy of violence towards any person or any group of persons, or
    2. The advocacy or carrying out of unlawful or unsafe activities, and
  3. Requires that:
    1. Member states draft and implement the equitable application of standards that define which speech or action constitutes advocacy of violence, and that
    2. Member states implement an impartial, independent body to determine whether actions taken by member states and private entities under clause 2 were carried out in good faith, and to designate any decisions made by this body as legally binding; as there is a possibility that clause 2 could be interpreted by member states or private entities in an unreasonable or malicious manner in order to stifle the freedom to assemble./list]
Added 3(b), added 'in any public space' at the end of all clause 1 sections.
The General Assembly,

Understanding that the freedom of people to assemble without fear from reprisal, oppression, or hindrance is one of paramount importance,

Seeking to protect civil liberties as well as the overall welfare of a society,

Hereby,

  1. Prohibits member states and private entities within these member states from:
    1. Criminalizing or prohibiting the acts of engaging in, abetting, and organizing any peaceful assembly for the purposes of advocating any cause, ideology, or allegiance in any public space,
    2. Interfering with or hindering individuals and groups from engaging in, abetting, and organizing any peaceful assembly for the purposes of advocating any cause, ideology, or allegiance in any public space,
    3. Carrying out reprisals or other forms of discrimination against individuals and groups for engaging in, abetting, and organizing any peaceful assembly for the purposes of advocating any cause, ideology, or allegiance in any public space,
  2. Permits member states and private entities within these member states to act contrary to clause 1 of this resolution, but in the least restrictive and least forceful way possible, to stop or limit individuals and groups from participating in a peaceful assembly in order to prevent one or more of the following:
    1. The advocacy of violence towards any person or any group of persons, or
    2. The advocacy or carrying out of unlawful or unsafe activities, and
  3. Requires that member states draft and implement the equitable application of standards that define which speech or action constitutes advocacy of violence.
Removed 3(b).
The General Assembly,

Understanding that the freedom of people to assemble without fear from reprisal, oppression, or hindrance is one of paramount importance,

Seeking to protect civil liberties as well as the overall welfare of a society,

Hereby,

  1. Prohibits member states and private entities within these member states from:
    1. Criminalizing or prohibiting the acts of engaging in, abetting, and organizing any peaceful assembly for the purposes of advocating any cause, ideology, or allegiance in any public space,
    2. Interfering with or hindering individuals and groups from engaging in, abetting, and organizing any peaceful assembly for the purposes of advocating any cause, ideology, or allegiance in any public space,
    3. Carrying out reprisals or other forms of discrimination against individuals and groups for engaging in, abetting, and organizing any peaceful assembly for the purposes of advocating any cause, ideology, or allegiance in any public space,
  2. Permits member states and private entities within these member states to act contrary to clause 1 of this resolution, but in the least restrictive and least forceful way possible, to stop or limit individuals and groups from participating in a peaceful assembly in order to prevent either of the following:
    1. The advocacy of violence towards any person or any group of persons, or
    2. The advocacy or carrying out of unlawful activities, and
  3. Requires that member states draft and implement the equitable application of standards that define which speech or action constitutes advocacy of violence.
"Unlawful" should cover most objectionable activity, so no need for the overly broad, subjective descriptor of "unsafe".
The General Assembly,

Understanding that the freedom of people to assemble without fear from reprisal, oppression, or hindrance is one of paramount importance,

Seeking to protect civil liberties as well as the overall welfare of a society,

Hereby,

  1. Prohibits member states and private entities within these member states from:
    1. Criminalizing or prohibiting the acts of engaging in, abetting, and organizing any peaceful assembly for the purposes of advocating any cause, ideology, or allegiance in any public space,
    2. Interfering with or hindering individuals and groups from engaging in, abetting, and organizing any peaceful assembly for the purposes of advocating any cause, ideology, or allegiance in any public space,
    3. Carrying out reprisals or other forms of discrimination against individuals and groups for engaging in, abetting, and organizing any peaceful assembly for the purposes of advocating any cause, ideology, or allegiance in any public space,
  2. Permits member states and private entities within these member states to, in the least restrictive and least forceful way possible, stop or limit individuals and groups from participating in a peaceful assembly in order to prevent either of the following:
    1. The advocacy of violence towards any person or any group of persons, or
    2. The advocacy or carrying out of unlawful activities, and
  3. Requires that member states draft and implement the equitable application of standards that define which speech or action constitutes advocacy of violence.
Removed problematic wording.
The General Assembly,

Understanding that the freedom of people to assemble without fear from reprisal, oppression, or hindrance is one of paramount importance,

Seeking to protect civil liberties as well as the overall welfare of a society,

Hereby,

  1. Prohibits member states and private entities within these member states from:
    1. Criminalizing or prohibiting the acts of engaging in, abetting, and organizing any peaceful assembly for the purposes of advocating any cause, ideology, or allegiance in any public space,
    2. Interfering with or hindering individuals and groups from engaging in, abetting, and organizing any peaceful assembly for the purposes of advocating any cause, ideology, or allegiance in any public space,
    3. Carrying out reprisals or other forms of discrimination against individuals and groups for engaging in, abetting, and organizing any peaceful assembly for the purposes of advocating any cause, ideology, or allegiance in any public space,
  2. Permits member states and private entities within these member states to, in the least restrictive and least forceful way possible, prevent or hinder either of the following from occurring at peaceful assemblies:
    1. The advocacy of violence towards any person or any group of persons, or
    2. The advocacy or carrying out of unlawful activities,
  3. Clarifies that nothing in clause 2 of this resolution may be construed in such a manner so as to criminalize or prohibit peaceful assemblies in public spaces themselves, nor may interfering with or hindering peaceful assemblies in public spaces themselves be permitted by any part of clause 2, and
  4. Requires that member states draft and implement the equitable application of standards that define which speech or action constitutes advocacy of violence.
Added clarification clause pertaining to clause 2, and re-wrote clause 2 for clarity.
The General Assembly,

Understanding that the freedom of people to assemble without fear from reprisal, oppression, or hindrance is one of paramount importance,

Seeking to protect civil liberties as well as the overall welfare of a society,

Hereby,

  1. Prohibits member states and private entities within these member states from:
    1. Criminalizing or prohibiting the acts of engaging in, abetting, and/or organizing any peaceful assembly for the purposes of advocating any cause, ideology, or allegiance in any public space, or
    2. Interfering with or hindering individuals and groups from engaging in, abetting, and/or organizing any peaceful assembly for the purposes of advocating any cause, ideology, or allegiance in any public space, or
    3. Carrying out reprisals or other forms of discrimination against individuals and groups for engaging in, abetting, and/or organizing any peaceful assembly for the purposes of advocating any cause, ideology, or allegiance in any public space,
  2. Permits member states and private entities within these member states to, in the least restrictive and least forceful way possible, prevent or hinder either of the following from occurring at peaceful assemblies:
    1. The advocacy of violence towards any person or any group of persons, or
    2. The advocacy or carrying out of unlawful activities,
  3. Clarifies that subsection (b) in clause 2 shall only apply where there are additional activities occurring that are distinct from the acts of engaging in, abetting, and/or organizing any peaceful assembly for the purposes of advocating any cause, ideology, or allegiance in any public space themselves
  4. Requires that member states draft and implement the equitable application of standards that define which speech or action constitutes advocacy of violence.
Re-wrote clause 3.
The General Assembly,

Understanding that the freedom of people to assemble without fear from reprisal, oppression, or hindrance is one of paramount importance,

Seeking to protect civil liberties as well as the overall welfare of a society,

Hereby,

  1. Defines "peaceful assembly" for the purposes of this resolution as any gathering or association of individuals or groups intended to advocate or pursue any cause, goal, ideology, or allegiance in any public space,
  2. Guarantees individuals or groups the right to participate in a peaceful assembly,
  3. Prohibits member states and private entities within these member states from:
    1. Criminalizing or prohibiting participating in a peaceful assembly in any public space, or
    2. Interfering with or hindering participation in a peaceful assembly in any public space, or
    3. Carrying out reprisals or other forms of discrimination against those who participate in a peaceful assembly in any public space,
  4. Notwithstanding Article 3, permits member states and private entities within these member states to, in the least restrictive and least forceful way possible, prevent or hinder either of the following from occurring at peaceful assemblies:
    1. The advocacy of violence towards any person or any group of persons, or
    2. The advocacy or carrying out of unlawful activities,
  5. Clarifies that member states shall not carry out any action prohibited by Article 1(a) and 1(b) against those who participate in a peaceful assembly in any private space, provided that the owner or manager of the private space condones such a peaceful assembly, and that states may not carry out any action prohibited by Article 1(c) under any circumstances,
  6. Requires that member states draft and implement the equitable application of standards that define which speech or action constitutes advocacy of violence.
Total re-write, dropped attempts to mitigate impact of the necessary "unlawful" clause.
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,

  1. 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 space,
  2. Guarantees individuals or groups the right to participate in a peaceful assembly,
  3. Prohibits member states and private entities within these member states from:
    1. Criminalizing or prohibiting participating in a peaceful assembly in any public space, or
    2. Interfering with or hindering participation in a peaceful assembly in any public space, or
    3. Carrying out reprisals or other forms of discrimination against those who participate in a peaceful assembly in any public space,
  4. Notwithstanding Article 3, 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:
    1. The advocacy of violence towards any person or any group of persons, or
    2. The advocacy or carrying out of unlawful activities,
  5. Clarifies that:
    1. Member states shall not carry out any action prohibited by Article 1(a) and 1(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,
    2. States may not carry out any action prohibited by Article 1(c) under any circumstances, and that
    3. 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,
  6. Requires that member states ensure the equitable application of standards that define which speech or action constitutes advocacy of violence.
Clarified role of private entities in Article 4.
Last edited by Greater Cesnica on Tue Feb 02, 2021 2:18 pm, edited 12 times in total.
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Honeydewistania
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Postby Honeydewistania » Fri Jan 22, 2021 6:18 pm

Against the repeal, but if it comes to it, I'm definitely not voting in favour of this
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Postby Greater Cesnica » Fri Jan 22, 2021 6:20 pm

Honeydewistania wrote:Against the repeal, but if it comes to it, I'm definitely not voting in favour of this

Explain your reasoning, plox
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Postby Honeydewistania » Fri Jan 22, 2021 6:26 pm

Greater Cesnica wrote:
Honeydewistania wrote:Against the repeal, but if it comes to it, I'm definitely not voting in favour of this

Explain your reasoning, plox

Cuz there isn't a clause similar to 6(b) in it 8)
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Greater Cesnica
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Postby Greater Cesnica » Fri Jan 22, 2021 6:27 pm

Honeydewistania wrote:
Greater Cesnica wrote:Explain your reasoning, plox

Cuz there isn't a clause similar to 6(b) in it 8)

Understandable.
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Postby Hulldom » Fri Jan 22, 2021 10:09 pm

Card fiend. WA-current alt of Boston Castle.
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Postby Tinhampton » Fri Jan 22, 2021 10:38 pm


Greater Cesnica is aware of this - please read over the first two paragraphs of the OP :P
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Greater Cesnica
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Postby Greater Cesnica » Sat Jan 23, 2021 6:04 am

Added 3(b):
Member states implement an impartial, independent body to determine whether actions taken by member states and private entities under clause 2 were carried out in good faith, and to designate any decisions made by this body as legally binding; as there is a possibility that clause 2 could be interpreted by member states or private entities in an unreasonable or malicious manner in order to stifle the freedom to assemble.

I also added 'in any public space' at the end of each subsection of clause 1.
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Postby Greater Cesnica » Sat Jan 23, 2021 11:25 am

aaand 3(b) is gone. The Administrative Compliance Act should cover the concerns that 3(b) attempted to address.
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Postby Greater Cesnica » Sun Jan 24, 2021 6:37 am

aaand also decided that "unlawful" should basically cover most objectionable activities, instead of the overly broad and subjective descriptor of "unsafe".
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Postby Greater Cesnica » Thu Jan 28, 2021 10:56 am

Anyone have any further thoughts on this?
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Postby Greater Cesnica » Mon Feb 01, 2021 11:56 am

I've re-wrote clause 3 again.
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Postby Junitaki-cho » Mon Feb 01, 2021 1:39 pm

I'll say up front, I don't support the current repeal attempt and don't believe there's any significant flaw in the current law.

That said, if it passes we will need a replacement, and I favour the brevity of yours. What I take issue with is clause 2. I think it leaves a lot of room for abuse for oppressive but technically not "forceful" tactics, such as openly carrying defensive implements or enlisting the use of privately contracted paramilitary forces for their intimidation factor. The inclusion of "unlawful activities" as a factor also seems ripe for abuse in relation to laws like jaywalking, and it's unclear to me how clause 3 applies to it.

On a more minor note, I've never seen the word "abetting" used outside of a criminal context. I'm not disputing it, it's just an unusual choice.
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Greater Cesnica
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Postby Greater Cesnica » Mon Feb 01, 2021 1:47 pm

Junitaki-cho wrote:I'll say up front, I don't support the current repeal attempt and don't believe there's any significant flaw in the current law.

That said, if it passes we will need a replacement, and I favour the brevity of yours. What I take issue with is clause 2. I think it leaves a lot of room for abuse for oppressive but technically not "forceful" tactics, such as openly carrying defensive implements or enlisting the use of privately contracted paramilitary forces for their intimidation factor. The inclusion of "unlawful activities" as a factor also seems ripe for abuse in relation to laws like jaywalking, and it's unclear to me how clause 3 applies to it.

On a more minor note, I've never seen the word "abetting" used outside of a criminal context. I'm not disputing it, it's just an unusual choice.

Well, I am personally in favour of open carrying firearms at rallies or protests. Now as for clause 3, I'm gonna have to work on that.
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Postby Greater Cesnica » Tue Feb 02, 2021 2:28 pm

Junitaki-cho wrote:I'll say up front, I don't support the current repeal attempt and don't believe there's any significant flaw in the current law.

That said, if it passes we will need a replacement, and I favour the brevity of yours. What I take issue with is clause 2. I think it leaves a lot of room for abuse for oppressive but technically not "forceful" tactics, such as openly carrying defensive implements or enlisting the use of privately contracted paramilitary forces for their intimidation factor. The inclusion of "unlawful activities" as a factor also seems ripe for abuse in relation to laws like jaywalking, and it's unclear to me how clause 3 applies to it.

On a more minor note, I've never seen the word "abetting" used outside of a criminal context. I'm not disputing it, it's just an unusual choice.

So the clause 2 you're referring to is now clause 4. I've redefined the parameters of how private entities may act to stop or hinder peaceful assemblies. Regarding concerns not brought up here about the potential of invasive surveillance, I am working on drafts to curb that threat. As for "abet", I've re-written the draft significantly, and in that re-write the term has disappeared :)
Last edited by Greater Cesnica on Tue Feb 02, 2021 2:29 pm, edited 1 time in total.
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Postby Greater Cesnica » Fri Feb 05, 2021 5:13 am

I will be submitting this at minor today.
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Postby Marxist Germany » Fri Feb 05, 2021 6:20 am

"A glaring issue that can be found in 3a and 3b is that it does not allow member-states to use riot control measures, or any measures for that matter, to remove protesters blocking access to crucial areas such as roads, legislative buildings, hospitals, or this assembly's favourite and most sacred temple, the abortion clinic."
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Postby CoraSpia » Fri Feb 05, 2021 6:23 am

Marxist Germany wrote:"A glaring issue that can be found in 3a and 3b is that it does not allow member-states to use riot control measures, or any measures for that matter, to remove protesters blocking access to crucial areas such as roads, legislative buildings, hospitals, or this assembly's favourite and most sacred temple, the abortion clinic."

"Uhm...good?"
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Postby Greater Cesnica » Fri Feb 05, 2021 6:28 am

Marxist Germany wrote:"A glaring issue that can be found in 3a and 3b is that it does not allow member-states to use riot control measures, or any measures for that matter, to remove protesters blocking access to crucial areas such as roads, legislative buildings, hospitals, or this assembly's favourite and most sacred temple, the abortion clinic."

"You seem not to have read Article 4, subsection b, Ambassador Schmidt. Decisions like those are best left at the national level. Though, I do question your faux concern for the obstruction of abortion clinics, considering your, ah, outspoken views on the matter."
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Postby Marxist Germany » Fri Feb 05, 2021 6:40 am

Greater Cesnica wrote:
Marxist Germany wrote:"A glaring issue that can be found in 3a and 3b is that it does not allow member-states to use riot control measures, or any measures for that matter, to remove protesters blocking access to crucial areas such as roads, legislative buildings, hospitals, or this assembly's favourite and most sacred temple, the abortion clinic."

"You seem not to have read Article 4, subsection b, Ambassador Schmidt. Decisions like those are best left at the national level. Though, I do question your faux concern for the obstruction of abortion clinics, considering your, ah, outspoken views on the matter."

"4b refers to "unlawful activities", which, if your interpretation allows for nations to prohibit certain forms of peaceful protest is correct, would mean that the rest of the resolution is useless. The previous resolution allowed member-states to prohibit protests that could result in the harming of innocent people, which is a far better exception than the one given in 4b."
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Postby Greater Cesnica » Fri Feb 05, 2021 7:47 am

Marxist Germany wrote:
Greater Cesnica wrote:"You seem not to have read Article 4, subsection b, Ambassador Schmidt. Decisions like those are best left at the national level. Though, I do question your faux concern for the obstruction of abortion clinics, considering your, ah, outspoken views on the matter."

"4b refers to "unlawful activities", which, if your interpretation allows for nations to prohibit certain forms of peaceful protest is correct, would mean that the rest of the resolution is useless. The previous resolution allowed member-states to prohibit protests that could result in the harming of innocent people, which is a far better exception than the one given in 4b."

"Peaceful assemblies in public spaces themselves cannot be declared unlawful. Obstruction of traffic is distinct from the act of peacefully assembling. Blocking access to medical facilities is distinct from the act of peacefully assembling."
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Postby Greater Cesnica » Fri Feb 05, 2021 10:23 am

Alan Moore wrote:People should not be afraid of their governments. Governments should be afraid of their people.
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Postby Marxist Germany » Sat Feb 06, 2021 11:54 am

Greater Cesnica wrote:
Marxist Germany wrote:"4b refers to "unlawful activities", which, if your interpretation allows for nations to prohibit certain forms of peaceful protest is correct, would mean that the rest of the resolution is useless. The previous resolution allowed member-states to prohibit protests that could result in the harming of innocent people, which is a far better exception than the one given in 4b."

"Peaceful assemblies in public spaces themselves cannot be declared unlawful. Obstruction of traffic is distinct from the act of peacefully assembling. Blocking access to medical facilities is distinct from the act of peacefully assembling."

"You may believe that yourself, but the definition in your proposal says otherwise.
Defines "peaceful assembly"... as any non-violent gathering or association... intended to advocate... in any public or private space.


"As long as those who are blocking the road or hospital do not engage in violence, they cannot be dispersed. As such, I will be voting against this in the event it reaches the floor."
Country represents RL views mostly. Not Marxist anymore.
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Ex-delegate of The United Federations; citizen and ex-Senior Senator of 10000 Islands
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The National Factbook (WIP)
Ambassador Klaus Schmidt
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Postby CoraSpia » Sat Feb 06, 2021 12:59 pm

Marxist Germany wrote:
Greater Cesnica wrote:"Peaceful assemblies in public spaces themselves cannot be declared unlawful. Obstruction of traffic is distinct from the act of peacefully assembling. Blocking access to medical facilities is distinct from the act of peacefully assembling."

"You may believe that yourself, but the definition in your proposal says otherwise.
Defines "peaceful assembly"... as any non-violent gathering or association... intended to advocate... in any public or private space.


"As long as those who are blocking the road or hospital do not engage in violence, they cannot be dispersed. As such, I will be voting against this in the event it reaches the floor."

"You are reading this proposal wrong, ambassador. You are right that this is the definition given for a peaceful assembly in clause 1, however you have failed to appreciate the fact that such crimes as impeding the public highway are distinct from crimes regarding expression in many nations. Additionally, such laws apply to more than peaceful assembly: for example a company dumping a large quantity of rubbish on a road so as to block said road would also be guilty of this offence. The purpose of clause 4b is to allow states to prevent or hinder peaceful assemblies that breach other, unrelated laws. The act of blocking a highway or a hospital entrance is a crime in itself in many states, and if you wish to prohibit peaceful assemblies that do this we would urge you to adopt such legislation.
The only misgivings that the Havenic government has regarding this proposal are that it is possible for states wishing to act in bad faith to create new restrictive laws that are designed to hinder peaceful assemblies, however you may rest assured that your governments concern is addressed by this proposal."
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