[GA, defeated] - Police Accountability Act

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Police Accountability Act
Category: Civil Rights | Strength: Significant
Proposed by: Tinhampton | Onsite Topic

Concerned that there currently exists no universal standard to regulate the use of force by law enforcement officers on duty in member states,

Recognising that no sapient right can be fully realised without the right to life, which is often infringed upon as a result of the excessive use of force by such officers, and

Believing that the introduction of such a standard will help protect individuals of all backgrounds (including members of vulnerable or historically marginalised groups) from unwarranted police brutality...

The General Assembly hereby:

  1. defines, for the purposes of this resolution:
    1. a "LEO" (law enforcement officer) as a person who is employed by law enforcement in a member state, and is acting in the course of their public-facing law enforcement duties, and
    2. the use of "excessive force" by a LEO against a person as the use by that LEO of significantly more force than is necessary in the situation to restrain and subsequently detain that person, to protect themselves from a physical attack (or threat thereof) by that person, or otherwise in the course of carrying out a routine action such as a body search against that person,
  2. orders all entities that employ LEOs to:
    1. ensure, through education and in practice, that their LEOs do not use force against suspected criminals or any other person when the use of less forceful measures has not been ruled out in the circumstances,
    2. educate their current LEOs, and those who they are training to become LEOs in the future, on when the use of force constitutes excessive force, as well as on when the use of those items described in Article d(i) is appropriate,
    3. further educate their LEOs on de-escalation techniques that comply with WA law and when to use them,
    4. regularly review incidents where the use of force was exercised by LEOs to ensure that such use did not constitute the use of excessive force (although this Article does not require that incidents where a decision has already been made upon review be re-reviewed, nor that incidents which occurred prior to this resolution coming into force be reviewed themselves), and
    5. where an Article b(iv) review uncovers the use of excessive force, appropriately discipline the LEO who used the excessive force and provide suitable support for the victims of that force,
  3. forbids LEOs from using excessive force against any person,
  4. mandates that LEOs:
    1. carry for any law enforcement missions for which armed force is likely to be necessary, or for which they carry any other class of weapon, less-than-lethal items intended to help restrain or detain suspected criminals (such as batons, irritant spray and tasers) to that effect, and
    2. wear body-worn cameras, where available in the member state they work in, while in the course of their public-facing duties (except where doing so would jeopardise an undercover law enforcement operation); those cameras must neither be turned off while they are on such duty nor have any of their recordings deleted unless they have been backed up in a secure third location,
  5. requires that LEOs:
    1. avoid causing death or life-changing injury to any person unless the life or bodily sovereignty of any person (including the LEO in question) is, or likely would be, placed in immediate danger by that person, and
    2. ensure that people they have non-fatally harmed under Article e(i) receive any basic first aid necessary for their survival, where doing so would not cause or otherwise threaten death or life-changing injury to any LEO,
  6. compels member states to criminalise the use of force by LEOs after this resolution has been enacted that contradicts Articles b-e, and to punish any entities that continue to employ LEOs that have wilfully, recklessly or negligently administered force in contradiction of such Articles, and
  7. recommends that entities that employ LEOs ensure that they are accompanied by at least one other LEO when on duty.
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!

For Against Abstain Present
0000
 
Overview
This resolution proposal replaces an initiative in restricting the use of lethal force by law enforcement officers in member states. It specifies a number of regulations including education and training for officers, forbids the use of "excessive force" except when the lives of the officers are in immediate danger, and other measures restraining the use of force.

Recommendation
Our main concern with this resolution proposal is clause (6) which criminalizes the use of "excessive force" but with unclear mandates as to what exactly constitutes excessive force and the burden of proof required to absolve law enforcement officers of this responsibility. In WA states with rampant levels of crime (or heavy use of lethal weapons), getting the balance right can prove tricky and it is not an issue that in the opinion of the Ministry lends itself easily to international regulation (nor, to some extent, necessary, in the absence of cross-border operations).

For the above reasons, the Ministry of World Assembly Affairs recommends a vote Against the at-vote GA resolution, "Police Accountability Act".
 
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Note: We're going to have to recommend Against under MGC sanctions On Europe anyway because Tin's region has a treaty with Sparkalia.
 
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Because there are sanctions, I cannot vote as I usually would. I will settle for being present and not voting.
 
To be fair, this isn't as intolerable as other Tinhampton word salads which are entirely unpalatable. Other than this resolution using the word "police" nowhere except the title.

My main concern is that crime levels significantly differ between countries, and a one-size-fits-all approach does not work. The WA leans slightly left in terms of law and order (to use US terminology here) so I suppose it would be more likely than not to pass.
 
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