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[DRAFT] Repeal: Freedom of Association

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Scalizagasti
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[DRAFT] Repeal: Freedom of Association

Postby Scalizagasti » Thu Apr 15, 2021 6:19 am

Assuming the current resolution at vote passes (which it almost certainly will), I have drafted a repeal. EDIT: To clarify, I will wait for a replacement to be drafted first before I submit the repeal.

The World Assembly,

Affirming the importance of the freedom to associate and the effort of GA#550 to protect this freedom,

Recognizing that protecting said freedom is especially important in the authoritarian and anti-democratic regimes among us where abuses of civil rights can occur commonly,

Concerned by section 1(b), particularly:

  1. The ability for governments to selectively impose criminal penalties on an organization through the word “may,” allowing corrupt governments to support criminal and/or hateful organizations to continue operating when they otherwise would not be allowed to,

  2. The undefined term “national security” which allows the majority of protest and action groups to be sanctioned by authoritarian regimes on the vague premise of being a threat to national security, especially pro-democracy and pro-rights advocacy groups,

  3. The prohibition of the spread of “message[s] of hate directed toward a specific group,” meaning that any and every categorical group is protected from any sort of hate, so a pro-democracy group insulting an authoritarian regime for crimes against humanity could be censured for hateful speech against that group,

Believing that the above flaws are a major loophole and allow for the continued exploitation of the freedom to associate,

Desiring a resolution which does not give bad actors the ability to neglect basic rights and freedoms,

Hereby repeals General Assembly Resolution #550 “Freedom of Association.”
Last edited by Scalizagasti on Thu Apr 15, 2021 7:33 am, edited 1 time in total.
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Scalizagasti
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Postby Scalizagasti » Thu Apr 15, 2021 6:20 am

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Honeydewistania
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Postby Honeydewistania » Thu Apr 15, 2021 6:24 am

"Support."
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Calamari Lands
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Postby Calamari Lands » Thu Apr 15, 2021 6:35 am

"Support. Will most likely work on a replacement for the resolution just in case... Some of us Delegacy comrades have time to kill."
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North Supreria
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Postby North Supreria » Thu Apr 15, 2021 7:21 am

North Superia is concerned about GA#550 "Freedom of Association" for reasons mentioned in this draft.

Nevertheless, we strongly question whether it is right to put a "likely", just adopted proposal back to a vote immediately to repeal it. Without a clear, proper replacement of GA#550, it doesn't seem helpful to North Supreria to immediately hold a new vote on the withdrawal of a "likely", just passed proposal.
Last edited by North Supreria on Thu Apr 15, 2021 7:22 am, edited 1 time in total.
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Calamari Lands
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Postby Calamari Lands » Thu Apr 15, 2021 7:27 am

North Supreria wrote:North Superia is concerned about GA#550 "Freedom of Association" for reasons mentioned in this draft.

Nevertheless, we strongly question whether it is right to put a "likely", just adopted proposal back to a vote immediately to repeal it. Without a clear, proper replacement of GA#550, it doesn't seem helpful to North Supreria to immediately hold a new vote on the withdrawal of a "likely", just passed proposal.

"As I said, we are working on a replacement."
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Scalizagasti
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Postby Scalizagasti » Thu Apr 15, 2021 7:30 am

North Supreria wrote:North Superia is concerned about GA#550 "Freedom of Association" for reasons mentioned in this draft.

Nevertheless, we strongly question whether it is right to put a "likely", just adopted proposal back to a vote immediately to repeal it. Without a clear, proper replacement of GA#550, it doesn't seem helpful to North Supreria to immediately hold a new vote on the withdrawal of a "likely", just passed proposal.

I probably won't instarepeal it. Will wait for a suitable replacement first.
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North Supreria
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Postby North Supreria » Thu Apr 15, 2021 8:02 am

Scalizagasti wrote:
North Supreria wrote:North Superia is concerned about GA#550 "Freedom of Association" for reasons mentioned in this draft.

Nevertheless, we strongly question whether it is right to put a "likely", just adopted proposal back to a vote immediately to repeal it. Without a clear, proper replacement of GA#550, it doesn't seem helpful to North Supreria to immediately hold a new vote on the withdrawal of a "likely", just passed proposal.

I probably won't instarepeal it. Will wait for a suitable replacement first.


We are glad to hear that. North Supreria is concerned about GA#550 in its current form and is looking forward to a good replacement. Good luck to the ambassador of Calamari Lands in making a replacement!
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Brezzia
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Postby Brezzia » Sat Apr 17, 2021 10:23 am

Scalizagasti wrote:Assuming the current resolution at vote passes (which it almost certainly will), I have drafted a repeal. EDIT: To clarify, I will wait for a replacement to be drafted first before I submit the repeal.

This is a draft for a repeal I mad this morning
The World Assembly,

Applauding GA#550's attempt to secure freedom of association,

Recognizing the will of GA#550 to extend the implementation of its provisions as much as possible,

Noting that GA#550:
  1. guarantees "citizens to associate with any organization of their choosing", thus:
    1. excluding foreigners,
    2. not considering the formation of a new organization, but only the association with a pre-established one,
    3. allowing members of the law enforcement, the armed forces and the judiciary to join political and fraternal organizations (i.e., Masonry) and possibly gain privileges and power,
    4. preventing the provisions of its own point 1b from being effectively applied to secret associations, whether they act in secret or that they keep the identities of their members secret,
  2. fully delegates the application of the right to freedom of association to organizations, thus:
    1. allowing such organizations to apply discriminatory criteria based on sex, ethnicity, language, religion, personal and social conditions in the selection of their members,
    2. allowing political organizatin to adopt co-optative and undemocratic methods in the selection of their members,
    3. preventing the Nationstates and the WA itself from intervening to effectively guarantee freedom of association for the entire population,
  3. vaguely mentions "national security" and "national criminal law", thus:
    1. allowing member Nationstates to declare any political and non-political association that does not really seek to subvert the established order (e.g., by preparing a revolution or carrying out acts of guerrilla or terrorism or resistance to an invader) as an organization "involved in the commission of a crime", regardless of whether such subversion improves or worsens the living conditions of the general population,
    2. allowing military and paramilitary associations that act to maintain the established order, regardless of whether such maintenance improves or worsens the living conditions of the general population,

Repeals the [resolution=GA#550]General Assembly Resolution #550 "Freedom Of Association"[/resolution].
Last edited by Brezzia on Sat Apr 17, 2021 1:13 pm, edited 1 time in total.

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Ardiveds
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Postby Ardiveds » Sat Apr 17, 2021 10:57 am

OOC: Brezzia, please open another topic if you want to draft a replacement. Having drafts of multiple proposals in a single thread is confusing.
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Calamari Lands
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Postby Calamari Lands » Sat Apr 17, 2021 11:58 am

Ardiveds wrote:OOC: Brezzia, please open another topic if you want to draft a replacement. Having drafts of multiple proposals in a single thread is confusing.

OOC: I believe Brezzia isn't drafting a replacement. They drafted a repeal as well, which is why they posted it here. Still confusing, though. But not sure if a parallel repeal thread for this resolution would be justified.

As for a replacement, I'm drafting one, but I think I'm not going to post it in a thread until the resolution passes, the repeal gets more feedback, etc.
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Drew Durrnil
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Postby Drew Durrnil » Sat Apr 17, 2021 12:00 pm

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Ardiveds
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Postby Ardiveds » Sat Apr 17, 2021 1:15 pm

Calamari Lands wrote:
Ardiveds wrote:OOC: Brezzia, please open another topic if you want to draft a replacement. Having drafts of multiple proposals in a single thread is confusing.

OOC: I believe Brezzia isn't drafting a replacement. They drafted a repeal as well, which is why they posted it here. Still confusing, though. But not sure if a parallel repeal thread for this resolution would be justified.

As for a replacement, I'm drafting one, but I think I'm not going to post it in a thread until the resolution passes, the repeal gets more feedback, etc.

OOC: Oops my mistake. But still, even if its the same repeal, different authors should use different threads. If you ever want to draft it here, please make a new topic.
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Brezzia
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Postby Brezzia » Sat Apr 17, 2021 1:20 pm

Ardiveds wrote:
Calamari Lands wrote:OOC: I believe Brezzia isn't drafting a replacement. They drafted a repeal as well, which is why they posted it here. Still confusing, though. But not sure if a parallel repeal thread for this resolution would be justified.

As for a replacement, I'm drafting one, but I think I'm not going to post it in a thread until the resolution passes, the repeal gets more feedback, etc.

OOC: Oops my mistake. But still, even if its the same repeal, different authors should use different threads. If you ever want to draft it here, please make a new topic.

Sorry for making confusion. I didn't know I had to make a new topic. I hid my text and if you want I delete it.

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Bananaistan
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Postby Bananaistan » Sun Apr 18, 2021 2:51 am

"Regarding section 1. This is absolutely necessary in the target. Member states are best placed to decide which organisations should be banned. And under existing legislation they cannot unfairly target certain organisations in a class of organisations.

"Nation security is a fairly basic concept. It does not require a definition. It is a necessary exemption in the target.

"Regarding section 3. Hate is a common word and easily understood. Even Dictatorshipistan can't twist protests against a regime or mere insults to mean hate.

"Like the other repeal, this incoherently argues that there's both too much and too little freedom of association in the target. This does not bode well for any replacement. Opposed."
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Uan aa Boa
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Postby Uan aa Boa » Sun Apr 18, 2021 3:03 am

GA#440 and GA#466 both provide means of redress for an organisation banned because a government has spuriously labelled it a threat to national security or a spreader of hate. I'm confident the WA bodies dealing with compliance will see right through claims that peaceful protest undermines national security or that the government constitutes a "group" and opposition constitutes a message of hate towards it.


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