[GA - WITHDRAWN] Right to Peaceful Assembly

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Hulldom

Hulldom

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Right to Peaceful Assembly
Category: Furtherment of Democracy| Strength: Strong
Proposed by: Greater Cesnica | Onsite Topic​

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.
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Note: Only votes from TNP WA nations and NPA personnel will be counted. If you do not meet these requirements, please add (non-WA) or something of that effect to your vote.
Voting Instructions:
  • Vote For if you want the Delegate to vote For the resolution.
  • Vote Against if you want the Delegate to vote Against the resolution.
  • Vote Abstain if you want the Delegate to abstain from voting on this resolution.
  • Vote Present if you are personally abstaining from this vote.
Detailed opinions with your vote are appreciated and encouraged!
[TR][TD]For[/TD][TD]Against[/TD][TD] Abstain [/TD][TD] Present [/TD][/TR][TR][TD]7[/TD][TD]5[/TD][TD]1[/TD][TD]1[/TD][/TR]
 
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For!
Changing my vote to Against due to clause 4. b. being easily exploitable beyond any good faith interpretation.
 
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Against

The logistics and variables around what constitutes a lawful or good (not necessarily the same thing) protest are so vast that I find an extended attempt to codify it problematic. I think guaranteeing a right to assemble is enough for the WA to do while the individual nations can craft their laws to account for their own history and situations. Also, what constitutes a "public space"? Is a legislative chamber a public space? It is owned by the government which makes it public land, but that doesn't mean people get to protest there anytime they like.
 
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Wonderess:
Against

The logistics and variables around what constitutes a lawful or good (not necessarily the same thing) protest are so vast that I find an extended attempt to codify it problematic. I think guaranteeing a right to assemble is enough for the WA to do while the individual nations can craft their laws to account for their own history and situations. Also, what constitutes a "public space"? Is a legislative chamber a public space? It is owned by the government which makes it public land, but that doesn't mean people get to protest there anytime they like.
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This proposal does not expand upon what constitutes "unlawful" activity, whereas the competing proposal by Maowi and Wym does. As for the issue of public spaces, states are permitted by this legislation to declare activities beyond the primary activity of participation in a peaceful assembly at a public space unlawful. For instance, if obstructing traffic on a public road is considered unlawful, then member states may interfere with public assemblies to prevent such traffic obstruction. The same thing goes with legislative chambers. I am aware that the wording allows for a very broad interpretation- but as I did not attempt to codify what "unlawful" can constitute as you said I did, then this shouldn't be a problem for you, right?
 
Westinor:
Curious as to the stances of those who voted for this proposal and not the other.
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This proposal allows governments to arrest people who peacefully protest on private property if the owner does not allow it, which is an automatic dealbreaker
 
As of 5:23 PM, this proposal has made the quorum. However, the date it reaches the floor is up in the air.
 
Considering the two freedom of assembly resolutions side by side, I have decided to support this iteration over the other. I find this one gives a government greater breadth to defend the freedoms of its people compared to the other one which is very specific and therefore may run into loopholes and legal difficulties in an actual protest situation. Therefore:

For
 
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