[Status Unknown] The Right to Participation Act

Whole India

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wholeindia (Whole India#5046)
I was reading through the legal codex of the region and I found that there are some notable loopholes in the codex. These Loopholes has the chance to get exploited in various ways causing mass destruction. So, for this, I'm proposing to amend the Bill of Rights & the legal code. The Amendment goes as follows:

Bill of Rights shall be amended as follows:
1. All Nations of The North Pacific are sovereign. Each Nation has the right of self-determination in that Nation's domestic policies, including, but not limited to, issue selection and WA membership.

2. Each Nation's rights to free speech, free press, and the free expression of religion shall not be infringed, and shall be encouraged, by the governmental authorities of the region. Each Nation has the right to assemble, and to petition the governmental authorities of the region, including the WA Delegate, for the redress of grievances. The governmental authorities of the region shall act only in the best interests of the Region, as permitted and limited under the Constitution.

3. Participation in the governmental authorities of the region is voluntary. Participation in the World Assembly shall not be a condition of participation in the governmental authorities of the region.

4. No Nation of The North Pacific holding WA member status in NationStates shall be obligated to endorse any official of a government authority of the region. The right to add an endorsement or withdraw an endorsement is a sovereign right of that Nation as a WA member.

5. All Nations of The North Pacific have the right to be protected against the abuse of powers by any official of a government authority of the region. Any Nation of The North Pacific has the right to request the recall of any official of a government authority of the region in accordance with the Constitution, that is deemed to have participated in such acts.

6. No Nation shall be held to answer for a crime in a manner not prescribed by the Constitution or the Legal Code. No Nation shall be subjected to being twice put in jeopardy for the same offense. No Nation shall ever be compelled in any criminal case to be a witness against itself.

7. When charged with criminal acts, Nations of The North Pacific shall have a fair, impartial, and public trial before a neutral and impartial judicial officer. In any criminal proceeding, a Nation is presumed innocent unless guilt is proven to the fact finder by reasonably certain evidence. A Nation may be represented by any counsel of the Nation's choosing. No Nation convicted of a crime shall be subject to a punishment disproportionate to that crime.

8. The regional power of ejection and banning may not be granted or exercised, nor forum bans imposed, unless expressly authorized pursuant to the Constitution or the Legal Code. Any ejected or banned nation is entitled to prompt judicial review of the matter.

9. Each Nation in The North Pacific is guaranteed the organization and operation of the governmental authorities of the region on fundamental principles of democracy, accountability, and transparency. No action by the governmental authorities of the region shall deny to any Nation of The North Pacific, due process of law, including prior notice and the opportunity to be heard, nor deny to any Nation of The North Pacific the equal and fair treatment and protection of the provisions of the Constitution. No governmental authority shall have power to adopt or impose an ex post facto law or a bill of attainder as to any act for purposes of criminal proceedings.

10. Each Nation entitled to a vote in any manner under the fundamental laws of the region is entitled to the equal treatment and protection of that Nation's right to vote.

11. No governmental authority of the region has the power to suspend or disregard the Constitution or the Legal Code. In the event of an actual emergency, the governmental authorities of the region, with the express consent of the Nations of the region or their representatives, is authorized to act in any reasonable manner that is consistent as practicable with the pertinent provisions of the Constitution.

12. All nations unless prohibited by law shall have the right to participate in the working of the government.
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Roleplay and its governace is not a matter for the government, it is handled by off site administration and I would oppose any attempts to make it an offical arm of the government. Furthermore, all citizens already have the right to participate in government. They are part of the Regional Assembl, can run for office, and participate in court trials. What are you trying to address here?
 
Is this your attempt to force the RP moderators to release your ban from the RP discord? It won't work. Participation in RP is a privilege, not a right.
 
See through you we can.

This is because government officials keep denying you, is it not?
 
I echo the sentiments regarding the role play community of TNP. RPing is a privilege for people of the community to partake. Regarding the right to participate in government, this has been addressed. Citizens have the right to participate in the regional assembly, vote in elections and run for election. Executive Staff is not elected nor is it regulated in any existing laws of the North Pacific. I see this as a ploy that will cause the mass destruction state you are trying to prevent. I will not be supporting this and will encourage others to do the same.
 
Is this you trying to get back into the executive staff? That’s a privilege, not a right.
 
I think RP should be kept at the citizen level. From my limited time here in TNP, I haven’t seen any reason for us to have the government step in to regulate it.
 
Tree of Wisdom:
I think RP should be kept at the citizen level.
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It’s not necessarily a citizen-only thing at all. In fact, the problem with this bill is that it exerts authority over an area that has historically not been under the jurisdiction of the government at all.
 
Whole India:
Doing the changes there.
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I don't even know what this means. Are you saying that RP should be regulated by the government? What do you say to our forum RPers who don't even maintain NationStates nations yet remain in our community?
 
Sil Dorsett:
I don't even know what this means. Are you saying that RP should be regulated by the government? What do you say to our forum RPers who don't even maintain NationStates nations yet remain in our community?
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Nah, I'm removing the Rp thing from the amendment.
 
Vivanco:
I'm still waiting.
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Oh yeah! Well, a few people were busy making their remarks so I didn't took the effort to see the messages above, but questions raised should be addressed. So, my bad.

Vivanco:
Please explain these loopholes, and define "mass destruction".
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The loophole is that if a nation wishes to join the executive staff and has no legal uh verdict against them as well as they aren't considered a security threat then those nations should be taken into the ministry. Even if 'incompetent' we can make them become efficient. Now, on the mass destruction part. When I say mass destruction I mean misuse of power. I define it as misuse of power here.
 
I don't see how "misuse of power" can be mistaken by mass destruction. They are two very different definitions. Seems like fear mongering.

On the side of being accepted or not, that is entirely the minister's power, who is part and who isn't. Participation in the executive staff is optional, and with that, we need to have some safeguard on who gets in or not, such as we have checks for citizenships.

I do not see this as a loophole, but a right of government officials.

Explain how is this a loophole. What law are they trying to evade?
 
Vivanco:
Explain how is this a loophole. What law are they trying to evade?
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I think the more relevant question is this...

WI, What ministry did you sign up for (that subsequently rejected your application) that you really wanted to be part of and that you are the most upset about at being barred from participating? Why do you want to be in that ministry so badly that you're trying to turn ministry service from a privilege into a right?

You have to understand how suspicious what you're doing is. Most people who get repeatedly stonewalled from being permitted to participate just leave and go somewhere else. The fact that you're trying to drill your way in by force leads me to believe you're up to something malicious.
 
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I had to reread this again. So now I understand what I wanted to originally point out. Your proposed sentence number ‘13 is covered in line 3.

3. Participation in the governmental authorities of the region is voluntary. Participation in the World Assembly shall not be a condition of participation in the governmental authorities of the region.

Therefore any nation as long as they fit the criteria, and whatever government entity sees no issue then that nation is already free to participate in the government. Just like we are doing now here in the regional assembly.
 
Tree of Wisdom:
I had to reread this again. So now I understand what I wanted to originally point out. Your proposed sentence number ‘13 is covered in line 3.

3. Participation in the governmental authorities of the region is voluntary. Participation in the World Assembly shall not be a condition of participation in the governmental authorities of the region.

Therefore any nation as long as they fit the criteria, and whatever government entity sees no issue then that nation is already free to participate in the government. Just like we are doing now here in the regional assembly.
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Sorry, but this isn't correct. Article 3 makes it so that participation in the government is voluntary and cannot be made a requirement to be in the region, while also prohibiting world assembly membership from being a requirement to do some form of government service. At the same time, though, ministers are given leeway to decide that a nation is not fit for government service and reject their application, as has happened with Whole India. None of that is mentioned in Article 3. The nation itself is free to choose between participating and not participating, but they can have their application rejected should the minister choose to do so. What Whole India is trying to do is force ministers into accepting nations that they would otherwise reject, namely themselves. This whole thing is entirely self-serving.
 
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