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[Draft] Repeal GA#550 "Freedom of association"

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Brezzia
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[Draft] Repeal GA#550 "Freedom of association"

Postby Brezzia » Sat Apr 17, 2021 1:27 pm

This is a draft to repeal GA#550 "Freedom of association"

The General 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,

Highlighting that GA#550 creates legislative gaps, in particular its provisions prevent member Nations and the WA itself from intervening to:
  1. avoid social and economic issues that would arise whitout a correct limitation of freedom of association because of GA#550 clause 1, which forces governments to "allow citizens to associate with any organization of their choosing", thus:
    1. allowing public officials, members of public administration, law enforcement, armed forces and judiciary to join associations whose membership could lead to a conflict of interest for them (i.e., Masonry),
    2. allowing secret societies, to which the provisions of GA#550 1b could not be effectively applied thanks to their secrecy, whether they act in secret or that they keep the identities of their members secret,
  2. guarantee freedom of association for the entire population and solve the contrasts between unlimited freedom of association with other fundamental freedoms because of GA#550 clause 1a, which fully delegats 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. support organizations that fight for the improvement of living conditions in a Nation (e.g., associations for freedom of speech, for the rights of minorities, resistance movement against invading or tyrannical governments) and contrast organizations that make them worse (e.g., through repression of dissidents, state terrorism and genocide of minorities) because of clause 1b, which vaguely mentions "national security" and "national criminal law", thus:
    1. allowing corrupt governments 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) as an organization "involved in the commission of a crime", even if this subversion aims to improve the living conditions of the general population,
    2. allowing corrupt governments to declare any military and paramilitary associations that act to maintain the established order as an organization "not involved in the commission of a crime", even if this maintenance deliberately worsens the living conditions of the general population,

Repeals the [resolution=GA#550]General Assembly Resolution #550 "Freedom Of Association"[/resolution].


Older drafts:

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. 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,
    2. allowing secret societies, whether they act in secret or that they keep the identities of their members secret, to which the provisions of GA#550 1b could not be effectively applied thanks to their secrecy,
    3. preventing the member Nations from effectively solving the social, economic and political problems that would arise whitout a correct limitation of the freedom of association,
  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 member Nations and the WA itself from intervening to effectively guarantee freedom of association for the entire population,
    4. preventing the member Nations and the WA itself from intervening to effectively solve the contrasts of unlimited freedom of association with other fundamental freedoms,
  3. vaguely mentions "national security" and "national criminal law", thus:
    1. allowing member Nations 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,
    3. preventing the WA from supporting organizations that fight for the improvement of living conditions in a nation (e.g., associations for freedom of speech, for the rights of minorities, to resist invading) and from contrasting organizations that make them worse (e.g., through state terrorism and the genocide of minorities),

Repeals the [resolution=GA#550]General Assembly Resolution #550 "Freedom Of Association"[/resolution].


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 member Nations 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 Nations 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 Sun Apr 18, 2021 2:59 pm, edited 6 times in total.

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Ardiveds
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Postby Ardiveds » Sat Apr 17, 2021 2:06 pm

OOC: Don't even mention 'Nationstates' unless you want your proposal to be flagged as illegal for metagaming. Use 'members' or 'member nations' instead if that is what you mean. But if you really mean Nationstates as in the game, you can't mention the game in any proposal.
Last edited by Ardiveds on Sat Apr 17, 2021 2:07 pm, edited 2 times in total.
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Brezzia
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Postby Brezzia » Sat Apr 17, 2021 2:53 pm

Ardiveds wrote:OOC: Don't even mention 'Nationstates' unless you want your proposal to be flagged as illegal for metagaming. Use 'members' or 'member nations' instead if that is what you mean. But if you really mean Nationstates as in the game, you can't mention the game in any proposal.

Thank you! The earlier resolutions refer to the member nations with the term "nationstates" and I thought I could have used it. I didn't know it would be a fatal mistake!

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North Supreria
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Postby North Supreria » Sat Apr 17, 2021 3:00 pm

North Supreria is concerned about GA#550 "Freedom of Association", as we already mentioned in the proposal prepared by the ambassador of Scalizagasti. On the other hand, we also express our concerns about immediately trying to repeal a "likely" just adopted proposal. 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. Until then, we will respect the General Assembly's democratic decision regarding GA#550.
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Tsaivao
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Postby Tsaivao » Sat Apr 17, 2021 3:16 pm

OOC: Completely unrelated, but this was too funny not to reference
Image
God damn liberals, tryn' to take our asses!!


IC: I believe that this is a well-crafted repeal with some good arguments, but I also am not sure if this is an entirely necessary repeal. I think that many of the problems mentioned could not be solved without stripping back on the provisions provided in the original legislation and letting national sovereignty take hold. I'll reserve my vote for if/when a replacement bill comes around.
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Boston Castle
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Postby Boston Castle » Sat Apr 17, 2021 8:09 pm

North Supreria wrote:North Supreria is concerned about GA#550 "Freedom of Association", as we already mentioned in the proposal prepared by the ambassador of Scalizagasti. On the other hand, we also express our concerns about immediately trying to repeal a "likely" just adopted proposal. 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. Until then, we will respect the General Assembly's democratic decision regarding GA#550.

Among other issues I have with both this repeal and Scalizagasti's repeal: I'm not going to back any repeal, and will actively campaign against a repeal, unless there's a suitable replacement. And a suitable, legal replacement is going to be pretty much the same as the current one.
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Outer Sparta
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Postby Outer Sparta » Sat Apr 17, 2021 9:33 pm

The repeal does not make a good enough argument. Against.
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Calamari Lands
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Postby Calamari Lands » Sun Apr 18, 2021 1:00 am

"Calamari Lands' WA Delegacy officially supports Scalizagasti's Repeal over this one after comparing them."
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Brezzia
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Postby Brezzia » Sun Apr 18, 2021 2:05 am

Tsaivao wrote:OOC: Completely unrelated, but this was too funny not to reference
(Image)
God damn liberals, tryn' to take our asses!!


IC: I believe that this is a well-crafted repeal with some good arguments, but I also am not sure if this is an entirely necessary repeal. I think that many of the problems mentioned could not be solved without stripping back on the provisions provided in the original legislation and letting national sovereignty take hold. I'll reserve my vote for if/when a replacement bill comes around.


I also think that it would be enough to leave the regulation of these problems to national sovereignty, but this resolution does not allow nations to regulate it.

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North Supreria
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Postby North Supreria » Sun Apr 18, 2021 2:14 am

Boston Castle wrote:Among other issues I have with both this repeal and Scalizagasti's repeal: I'm not going to back any repeal, and will actively campaign against a repeal, unless there's a suitable replacement. And a suitable, legal replacement is going to be pretty much the same as the current one.


North Supreria would like to point out to the ambassador of Boston Castle that we also do not expect a clear, proper replacement of GA#550 to be very different from the current adopted proposal. However, it is important to better describe , reformulate and expand clause 1b, so that member states cannot abuse this law at the expense of human rights.

Calamari Lands wrote:"Calamari Lands' WA Delegacy officially supports Scalizagasti's Repeal over this one after comparing them."


North Supreria joins the representative of Calamari Lands, provided that tehre is a suitable replacement, something that is fortunately being worked on at the moment.
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Bananaistan
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Postby Bananaistan » Sun Apr 18, 2021 2:46 am

"Under GAR#35, member states cannot treat foreigners differently to citizens without a compelling practical purpose.

"Forming new organisations is inherent in the right to associate with organisation. The argument misrepresents the repeal.

"There's nothing inherently wrong with law enforcement etc forming fraternal organisations. A reasonable member state wishing to stop armed forces etc joining such associations which might lead to gaining "privileges and power" is not obliged to recognise or deal with such organisations and can easily defang it by making it illegal for any behind the scenes conspiracy to gain or exercise influence by such organisations.

"Have no idea what 1d means but it seems wrong.

"Clause 2 then argues that freedom to associate is inherently wrong.

"As for clause 3, national security and criminal law are important considerations. It would appear that you want every member nation to be forced to permit all sorts of organised crime and paramilitaries to operate and organise. This is nutse.

"This repeal does not identify any fatal flaw in the target. It incoherently argues that there's both too much and too little freedom of association. Strongly opposed."
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Opiachus
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Postby Opiachus » Sun Apr 18, 2021 3:01 am

Boston Castle wrote:
North Supreria wrote:North Supreria is concerned about GA#550 "Freedom of Association", as we already mentioned in the proposal prepared by the ambassador of Scalizagasti. On the other hand, we also express our concerns about immediately trying to repeal a "likely" just adopted proposal. 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. Until then, we will respect the General Assembly's democratic decision regarding GA#550.

Among other issues I have with both this repeal and Scalizagasti's repeal: I'm not going to back any repeal, and will actively campaign against a repeal, unless there's a suitable replacement. And a suitable, legal replacement is going to be pretty much the same as the current one.

Our delegation concurs with the position of the author of the current resolution. We think the current resolution is elegant and strikes a balanced, reasonable approach to the issue. We also have non-material reasons for opposing a fast repeal. We think repealing a resolution immediately after adoption is not in the best interests of the World Assembly as it impugns the reputation of the Assembly as a competent and representative decision-making body.
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Brezzia
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Postby Brezzia » Sun Apr 18, 2021 3:36 am

Bananaistan wrote:"Under GAR#35, member states cannot treat foreigners differently to citizens without a compelling practical purpose.

"Forming new organisations is inherent in the right to associate with organisation. The argument misrepresents the repeal.

"There's nothing inherently wrong with law enforcement etc forming fraternal organisations. A reasonable member state wishing to stop armed forces etc joining such associations which might lead to gaining "privileges and power" is not obliged to recognise or deal with such organisations and can easily defang it by making it illegal for any behind the scenes conspiracy to gain or exercise influence by such organisations.

"Have no idea what 1d means but it seems wrong.

"Clause 2 then argues that freedom to associate is inherently wrong.

"As for clause 3, national security and criminal law are important considerations. It would appear that you want every member nation to be forced to permit all sorts of organised crime and paramilitaries to operate and organise. This is nutse.

"This repeal does not identify any fatal flaw in the target. It incoherently argues that there's both too much and too little freedom of association. Strongly opposed."


Thanks for the clarification on GA # 35 and the formation of new organizations.

Fratenal organizations advocate support among their members, therefore the participation of law enforcement members in these organizations could cause favoritism (e.g. during an investigation).

Not recognising or not dealing a fraternal organization does not mean preventing that participation in it allows you to gain privileges and power. E.g., an organization can recruit members in the productive categories of the country, facilitating the conclusion of contracts or the allocation of jobs among its members. In some countries, this would be illegal in the public sector but not in the private sector, and the members of the association would acquire an economic advantage towards non-members even in the allocation of public contracts. In the case of the military, it could facilitate the award of contracts for military supplies.

1b is bad written, my fault. It should concern secret societies, to which the provisions of GA#550 1b could not be effectively applied, thanks to their secrecy.

Clause 2 argues that not allowing nations to rightly limit freedom of association will lead to contrast with other fundamental freedoms. Likewise, clause 1 does not list problems that should be addressed by the WA resolution, but problems that would arise if nations could not limit the right of association.

Clause 3 argus that allowing nations to arbitrarily decide which organizations are criminal and which are not, without the WA being able to take a stand on the matter, would lead to the WA being unable to commend organizations that fight for the improvement of living conditions in a nation (e.g., associations for freedom of speech, for the rights of minorities, to resist invading) and to condemn organizations that make them worse (e.g., through state terrorism and the genocide of minorities).

Thank you for the corrections you suggested and I hope I have cleared up some misunderstandings. I will remove clauses 1a and 1b and correct clause 1d (which will become 1b) to make it more understandable.

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Brezzia
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Postby Brezzia » Sun Apr 18, 2021 7:24 am

I've made a new draft that reorganizes the text and hopefully makes it clearer.


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