[GA - AT VOTE] Repeal: “A Ban on Forced Disappearances”

Voopmont

Deputy Minister
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Repeal: “A Ban on Forced Disappearances”
Category: Repeal | GA #84
Proposed by: USS Merrimack, Co-authored by: Logical Stimulus, Kavagrad, A mean old man | Onsite Topic
Replacement: None​

The General Assembly,

Noting the desire of the World Assembly to further democracy and to enforce strong standards of civil rights and liberties,

Believing that this desire must not come at the expense of dispensing justice,

Worried by the definition of a forced disappearance, which does not go far enough in safeguarding witness protection programs, which can jeopardize the convictions of dangerous criminals by disallowing informants from being able to testify safely,

Perturbed by Clauses 2 and 3, which require the publicising of all cases of forced disappearance ex post facto and demand that no statute of limitation be applied in relation to cases of forced disappearances, and are thus unsuited for situations such as those in fragile post-conflict states, where negotiated amnesties or other settlements that may otherwise breach these provisions are required to bring about a transition to a state of peace,

Asserting the existence of compelling safety and national security interests which necessitate the freedom of a nation to take whatever methods needed to protect the sovereignty of the homeland, such as in cases of suspected terrorists, separatist leaders, private militia leaders, and drug dealers,

Deeply worried that revealing the location of these individuals would constitute an unacceptable risk to law enforcement agencies and officers within prisons, or any other security compound which detains persons of national security interest as listed above,

Confused by the requirement of “consent” in section 4, which renders it impossible for a state to act preemptively to ensure the safety of witnesses and their families in permitted programs, and further exacerbates the significant national security problems described above,

Horrified by section 5, which requires public confirmation of the existence of permitted programs, thereby rendering it impossible for member states to completely ensure the safety of individuals in the program by requiring enough information about its operations to be made public so as to ensure compliance with this resolution,

Arguing that the resolution does not do an adequate job of protecting citizens’ civil liberties and safety, and instead accentuates a lack of safety in several different areas,

Hereby repeals GAR#84 “A Ban On Forced Disappearances” .
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
5501
 
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Information For Voters

Overview

This proposal seeks to repeal GA#84, “A Ban On Forced Disappearances”. It contends that the resolution does not go far enough in safeguarding witness protection programs, infringes on the rights of member nations, and creates certain requirements that are unnecessary and potentially dangerous.

Recommendation
GA#84, while well-meaning, needs to be repealed. As with many older General Assembly resolutions that are now facing heightened scrutiny, GA#84 was written at a time when the rights of member nations were routinely overlooked and the tailored solutions of member nations' governments were rejected in favor of hard-handed international mandates. Thankfully, those times have changed, and we at The North Pacific MoWAA are happy to support this change.

Most glaring in GA #84 are Sections 4 and 5, which the resolution at vote rightfully point out render it impossible for the state to act pre-emptively to ensure the safety of witnesses.

Therefore, the Ministry of World Assembly Affairs recommends a vote FOR “Repeal: ’A Ban On Forced Disappearances’”.
 
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[Non-WA] Personally not convinced. I'm pretty sure you could find a flaw with every single positive WA resolution. The line for repeal comes to where the flaws of said resolution outweigh any potential positive effects. I'm not sure that this resolution crosses that line.
 
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