[ABANDONED] Establishing The Right To Referenda

[Daarwyrth]

CURRENT DRAFT:

Establishing The Right To Referenda
Category: Furtherment of Democracy | Strength: Strong

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Believing in the right of citizens of member nations to have a voice in the manner in which they are governed, and lauding the resolve of GAR #174 "Right To Petition" to grant inhabitants of member nations the right to send petitions to their government, yet

Aware of member nations that actively disable their populations from letting their voices be heard in a more profound and meaningful way, and hearing the silent cry of the voiceless despite the silence imposed on them, and thus adamant to lift the hands covering their mouths,

The General Assembly hereby:

1. Defines a 'referendum' as a consultation of the public in which all persons with legal competence in a member nation or an area thereof are asked to give their opinion about or decide on the political, legislative or societal question or issue laid before them;
   
   
2. Forbids member nations from prohibiting any form of referendum, except in those cases where that referendum or its content would be in conflict with extant World Assembly resolutions;
   
   
3. Requires that all member nations grant their populations the ability to organise and hold referenda, and to recognise the outcome of any legally valid referendum;
   
   
4. Demands that all member nations comply with the outcome of any legally valid referendum when its nature demands such, or to strive to comply with its outcome as much as possible in all other cases.

[Daarwyrth]

[Reserved for future drafts.]

[Wallenburg]

Well, the ideological ban issue is obvious, but even outside of that it's extremely bad policy to require any referendum, no matter how poorly or maliciously organized, to be recognized as legally binding. The function of such a resolution as this is to place power in the hands of whichever armed group or multinational corporation can strong-arm a referendum vote through a combination of violence and propaganda.

[Trellania]

"Opposed outright.While our nation does not have elections or even consultations for the public, the last leader who didn't listen to the public good was eaten by a boar. We're pretty certain the king's guards killed him and fed him to the boar, but the boar is still a national hero. There is a statue within the throne room to remind all monarchs that refusing to put the good of the people first can have rather permanent consequences. That is part of why many knights come from commoner families, like myself."

OOC: Ideological ban, so I'm pretty certain this will never be allowed.

[Tinhampton]

Lydia Anderson, Assistant to the Delegate-Ambassador: Support in principle. I take it this is a much broader resurrection of the Right to Independence Referenda?

[Daarwyrth]

Lydia Anderson, Assistant to the Delegate-Ambassador: Support in principle. I take it this is a much broader resurrection of the Right to Independence Referenda?

Dame Maria vyn Nysen, WA Representative of Daarwyrth: "It is an attempt at such. We are aware this will be a very difficult subject to legislate upon, yet our delegation is willing to try to shape and draft something workable that does grant people the right to a referendum. If this would prove to be too difficult or impossible a task, we will remain reasonable and not force through submission.

Regarding the ideological ban, a referendum is not an election, and autocracies should still be able to remain in power, they will just have a control mechanism as a counter, namely the people they govern. As can be seen in the text of the proposal, a public consultation is not yet an election.

We are very welcoming of any commentary and feedback that would help us improve the wording of this proposal draft, and we will take the time to produce something solid."

[Trellania]

Dame Maria vyn Nysen, WA Representative of Daarwyrth: "It is an attempt at such. We are aware this will be a very difficult subject to legislate upon, yet our delegation is willing to try to shape and draft something workable that does grant people the right to a referendum. If this would prove to be too difficult or impossible a task, we will remain reasonable and not force through submission.

Regarding the ideological ban, a referendum is not an election, and autocracies should still be able to remain in power, they will just have a control mechanism as a counter, namely the people they govern. As can be seen in the text of the proposal, a public consultation is not yet an election.

We are very welcoming of any commentary and feedback that would help us improve the wording of this proposal draft, and we will take the time to produce something solid."

"Ambassador, that is still an ideological ban. Specifically, it bans the political ideologies that the people should have no voice at all."

[Goobergunchia]

We believe that the Moderately Liberal Unitary Republic is already in compliance with this draft proposal, as Goobergunchians have the "ability to organise and hold referenda" by electing representatives on such a platform, who may subsequently put a binding referendum on legislation to the electorate.

We have heard enough horror stories from nations that have allowed initiatives originating solely from ballot petitions to make significant changes to their government or other matters of legal significance (which are often poorly drafted, having not benefited from access to legislative counsel) to be exceedingly wary of implementing such an idea. Such measures have hamstrung their government's ability to implement a fair tax structure and provided carveouts from labor laws desired by deep-pocketed corporate interests, as well as encroached on human rights that are mercifully protected by World Assembly resolution. While we believe that our campaign finance strictures would ward off the worst of these initiatives in the Moderately Liberal Unitary Republic, we still have no desire to put this to the test, and even those measures that do not pass may still weary voters from having to decide on certain issues repeatedly.

[Lord] Michael Evif
Goobergunchian WA Ambassador

[OOC: In order, Evif is referencing California Propositions 13 (1978), 22 (2020), 8 (2008), and 8 (2018) / 23 (2020).]

[Daarwyrth]

Vyn Nysen: "The current draft is naturally not meant as the end product, and we agree that there should be restrictions in place that will ensure that the referendum in question would be fair and workable. Our delegation will work to include that in the proposal draft in a reasonable manner."

[Tinfect]

"The Imperium is a Government, Ambassador," said Feren, as he took a 'missing persons' poster suspiciously resembling himself off the wall, "It is the duty of Civil Oversight and Civil Oversight alone to handle legislative concerns. Imperial Law is written by qualified personnel selected and trained for the purpose; while it may be that your government is incapable of fulfilling its duties to its citizenry, that is your government's failing alone. The World Assembly is not the platform to export such absurd incompetence.

In any case, your draft is patently unacceptable to any remotely competent Member-State; such things are harmful and unnecessary in any advanced Member-State, and those states which find themselves in need of such things would be better served in deposing the failed government and installing a more capable one. Certainly the Imperium has arisen from exactly such, and we have stood for longer than your civilization has had simple electricity. In short, we are opposed, foundationally."

[Bears Armed]

Ideological Ban.[1/6 GenSec]

[Daarwyrth]

"Imperial Law is written by qualified personnel selected and trained for the purpose; while it may be that your government is incapable of fulfilling its duties to its citizenry, that is your government's failing alone. The World Assembly is not the platform to export such absurd incompetence."

Vyn Nysen: "Thank you, Ambassador, for your beautiful display of ignorance on our nation. Your assumptions are both misguided and uninformed, and merit no other response beyond these words."

Ideological Ban.[1/6 GenSec]

OOC: Yeah, reviewing it today I don't think there's a way to circumvent the ideological ban rule in this situation.

[Tinfect]

Vyn Nysen: "Thank you, Ambassador, for your beautiful display of ignorance on our nation. Your assumptions are both misguided and uninformed, and merit no other response beyond these words."

"Do forgive me, Ambassador, but unless your staff make a habit of drafting legislation so as to enforce laws upon your government that it would not create itself, - in which case, I come to question your government's choice in diplomatic staff, - it is quite safe to assume that your government has similar laws to this in place. In other words, your government has eschewed the crucial duty of legislation to its citizenry; your government is either incapable of properly governing, or simply utterly beholden to social whim, and in the latter case, it is likely a matter of time before your government is required to paint all of its military equipment in polka-dots, or somesuch comical absurdity. The Imperium will suffer neither case for itself."

[Daarwyrth]

"Do forgive me, Ambassador, but unless your staff make a habit of drafting legislation so as to enforce laws upon your government that it would not create itself, - in which case, I come to question your government's choice in diplomatic staff, - it is quite safe to assume that your government has similar laws to this in place. In other words, your government has eschewed the crucial duty of legislation to its citizenry; your government is either incapable of properly governing, or simply utterly beholden to social whim, and in the latter case, it is likely a matter of time before your government is required to paint all of its military equipment in polka-dots, or somesuch comical absurdity. The Imperium will suffer neither case for itself."

Vyn Nysen: "I'm sorry, Ambassador, but I fear the size of ego has obscured your vision, or at least blocked an objective perspective on matters. You want to question the competency of our diplomatic staff, yet it's your delegation that goes around throwing absolutely baseless assumptions like an over-zealous flower girl at a wedding ceremony. Perhaps take a peak at a reflective surface before you try to insult another delegation for diplomatic incompetence, hm?

Unless you're an expert on the legislative processes of our nation, the operation of the Office of her Royal Highness the Queen, or the Royal Diet - and I remain in the secure confidence that you have absolutely zero knowledge of these things - I suggest that you divert your attention to another subject, Ambassador. Your assumptions are neither warranted nor wanted."