[GA, passed] Repeal: "The Charter Of Civil Rights"

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Repeal: "The Charter Of Civil Rights"
Category: Repeal | GA#35
Proposed by: The Ice States | Onsite Topic
Replacement: Prevention of Hate Crime and Against Racial Discrimination


Reaffirming its long-held belief that minority groups ought not to be discriminated against based on arbitrary, reductive characteristics such as race, sexuality, religion, sedentary status or gender identity; and

Remembering the provisions of such resolutions as "Convention Against Genocide", "Defending the Rights of Sexual and Gender Minorities", "Language and Education Rights for Deaf Individuals", "Supporting People With Disabilities", "Protection of Apostates", "Freedom of Travel" and "Religious Freedom Protection", which establish strong protections against common forms of discrimination;

Believing, however, that "The Charter of Civil Rights" (hereinafter referred to as GA #35) fails to adequately protect minority groups against discrimination due to Article 1c, which exempts all discrimination from its protections should it be "for compelling practical purposes" without establishing any standard that it be essential for said purposes;

Recognising that this opens the doors to member nations claiming some "compelling practical purpose" and tangentially linking it to the discrimination in question, with some examples of potential discrimination which would thus be permissible under Article 1c cited below:
  • The internment of individuals for belonging to a particular race or nationality on the grounds that their home nation is at war with the member nation in question, and that such internment would prevent espionage or other national security threats;
  • Racially segregating public facilities based on the rationale it would deter said facilities' use for them to be shared with minority racial groups; or
  • Denying housing to minorities during an economic recession on the grounds that it would result in the migration of existing homeowners in the area and therefore contribute to property value deflation;
Perplexed by the unclear standard of "unfair and unreasonable" established in Article 2a, either nullifying the compelling practical purpose exception when applying to eg private employment and housing, prohibiting such practices as businesses requiring translators and interpreters to be fluent in the relevant languages; or allowing a member nation to avoid the Article by claiming that such discrimination is in fact fair or reasonable;

Concerned by the frequent practice of citing GA #35 as a strong protection against discrimination when its provisions are in fact weak and exploitable, to the point that many members of the World Assembly have openly opposed anti-discrimination laws on the grounds that they are redundant under the ineffective, feel-good mandates of GA #35; and

Clarifying that nearly all of GA #35's intended effects not already mandated by World Assembly law would be effectively replaced by reinstating the protections against hate crime and discrimination based on race and related characteristics;

The World Assembly repeals the Charter of Civil Rights.
Note: Only votes from TNP WA nations, NPA personnel, and those on NPA deployments will be counted. If you do not meet these requirements, please add (non-WA) or something of that effect to your vote. If you are on an NPA deployment without being formally registered as an NPA member, name your deployed nation in 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!


ForAgainstAbstainPresent
14300
 
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Overview
This proposal seeks to strike out General Assembly Resolution # 35 "The Charter Of Civil Rights". It further recognises provisions of later General Assembly resolutions, such as "Convention Against Genocide" and "Defending the Rights of Sexual and Gender Minorities", which establish strong protections against discrimination of minority groups. While this proposal may sound like it has an anti-human rights motive, it in fact criticises the target resolution's weakness in protecting against discrimination, in comparison to the aforementioned later resolutions.

Firstly, the repeal proposal notes that the target resolution's Article 1C allows World Assembly member nations to discriminate should it be required for "compelling practical purposes". The repeal proposal acknowledges that this provision could lead to WA member nations unfairly discriminating against many persons for weak and unjustified reasons. Secondly, the repeal proposal criticises the supposedly unclear standard of "unfair and unreasonable" in the target resolution's Article 2A. And finally, the repeal proposal recognises the proposed replacements for "The Charter Of Civil Rights" - by acknowledging that any of GA#35's intended effects could, in fact, be easily replaced simply by reinstating the protections against discrimination based on protected characteristics.

Recommendation
This proposal presents a strong argument for the repeal of the target resolution. GA#35 is an unneeded piece of legislation which is far more problematic than it should be - that is to say, it contains multiple loopholes and weak provisions which could, in fact, make it easier to discriminate than what was the resolution's original motive. We also firmly believe that the proposed replacement(s) presents a much more fervent stance on discrimination, in comparison to the repeal target.

For the above reasons, the Ministry of World Assembly Affairs recommends a vote For the General Assembly Resolution At Vote, Repeal: "The Charter Of Civil Rights".

IFV by: Arawi (AraFuttio/Oriaga/Catshoar)
 
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For. This repeal is well-written and paves the way for a superior replacement.
 
I am in favour of this proposal. CoCR might well be a sacred cow, but there is the potential of a far superior bovine.
 
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