Recognition & Prohibition of Racial Discrimination

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RedAurora
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Recognition & Prohibition of Racial Discrimination

Post by RedAurora » December 27th 2013, 5:26 am

The Federal Directorate of Social Affairs and the Federal Directorate of Foreign Affairs of the government of Sainte-Croix have drafted the treaty below. This treaty is a set of provisions for the purpose of defining, recognising, and outlawing all types of racial discrimination. THIS TREATY IS OPTIONAL TO PARTICIPATE - THE PROVISIONS ARE ONLY BINDING FOR SIGNATORY STATES. While the treaty is not mandatory to participate, the government of Sainte-Croix maintains the right to change the status of diplomatic, trade, and/or military relations with any AIN member state, depending on the response of the aforementioned state to this treaty. Furthermore, the government of Sainte-Croix will be the depositary state responsible for maintaining this treaty.

TREATY PROVISIONS

Article 1: "Racial discrimination" is defined as excluding, restricting, or preferring any individual/group based on differences in ethnic, racial, or national origin resulting in those individuals' inability to exercise their human rights and/or constitutional rights to the fullest extent in any part of public life. So long as they last only until their purpose is achieved and they do not cause discrimination or inequality for any other racial group, unordinary measures implemented by states for the sole purpose of protecting specific racial groups from discrimination will not be considered discriminatory and will not be subjected to the provisions and conditions of this treaty.

Article 2: Ratifying states condemn all types of racial discrimination and agree to take action to ensure racial equality as speedily as possible. Ratifying states agree that their governments and all institutions of authority, whether part of national governments, provincial governments, or governments of a smaller subdivision, agree to achieve this end.

Article 3: Ratifying states agree to not defend or endorse any type of racial discrimination by any party. Ratifying states have the responsibility of revising any section of their constitutional or law codes permitting or justifying any type of racial discrimination.

Article 4: Ratifying states have the responsibility of encouraging any anti-discriminatory organisation and discouraging any discriminatory organisation regarding at least the sole purpose of ending racial discrimination. Ratifying states are not required to encourage or discourage any organisation regarding any other purpose, policy, or platform of those organisations.

Article 5: Ratifying states condemn any form of media or any organisation justifying or seeking racial discrimination. Ratifying states have the immediate responsibility of suppressing or preventing any media or organisation promoting any form of hatred or violence against any racial group, whether the targeted group is a minority or a majority. Public speech or public distribution of media promoting any form of hatred or violence against any racial group is to be deemed by ratifying states a criminal offence and is to be treated as such. Any organisation publicly justifying or seeking racial discrimination is to be deemed illegal, and all participants of such organisations are to be deemed criminal.

Article 6: Ratifying states must treat all racial groups as equal in military or civilian tribunals, all bodies of authority and/or affiliated with the government, all civil services, and all civilian or governmental institutions. All people of all racial groups are protected by the government from all potential or real violence by any individual/group. All racial groups have the right to serve in any governmental or public position, use any public services, and run and vote for any political position.

Article 7: Ratifying states guarantee all people of all racial groups freedom of movement within and out of the state, exit/enter/re-enter the state, have the opportunity for citizenship or permanent residence within the state, freedom of marriage or abstention from marriage with a spouse of the individual's own choice, own/share/rent/inherit property, and the freedom of speech, assembly, and religious practices. The only potential exceptions to this provision are the individuals in question currently serving, or formerly having served criminal sentences on a basis other than discriminatory laws outlawed for ratifying states by this treaty, or state laws/requirements regarding immigration under the sole aspect of nationality.

Article 8: Ratifying states guarantee all people of all racial groups the rights to work, the right to choose occupation, receive equal pay for equal work, and be protected in the same manner under state laws/requirements regarding work, occupation, trade unions, activism, and unemployment benefits. The only potential exceptions to this provision are the individuals in question currently serving, or formerly having served criminal sentences on a basis other than discriminatory laws outlawed for ratifying states by this treaty, or state laws/requirements regarding immigration under the sole aspect of nationality.

Article 9: Ratifying states are strongly encouraged to adopt educational curriculums and/or state media and publications promoting racial equality and tolerance while discouraging discrimination and hatred against any racial group. While this is optional, states may not have educational curriculums or governmental media/publications in favour of racial superiority, racial discrimination, or any form of disparagement or glorification of any racial group.

Article 10: Ratifying states, after 12 months of ratifying the treaty, are liable to send reports of the measures implemented by those states regarding ending or reducing racial discrimination to any ratifying, signing, or non-signing state upon request by that state. If the existing laws and legislations of the liable states are already in full accordance with the treaty, liable states must send full texts of their laws/legislations proving their accordance with the treaty to requesting states.

SIGNATURE/RATIFICATION CONDITIONS

Condition 1: States ratifying the treaty agree to revise their law codes and/or constitutional charters to accommodate the provisions of the treaty within exactly 18 months of ratifying the treaty (unless these law codes and charters already accommodate the provisions)
Condition 2: States signing but not ratifying the treaty agree to take steps to end practices prohibited by the treaty (unless such practices are already prohibited), to eventually ratify the treaty, and are encouraged to provide the General Assembly with a schedule at the end of which they will ratify the treaty
Condition 3: Signing/ratifying states which violate the provisions of the treaty face embargoes, sanctions, and/or other forms of punishment by the General Assembly depending on the form and level of violation of the treaty
Condition 4: Signing/ratifying states may choose to only sign/ratify specific provisions of this treaty, or opt-out of specific provisions. In order to do so, signing/ratifying states must inform the depositary state of the articles that the states specifically agree or do not agree to.

SIGNING/RATIFYING NATIONS (by chronological order)

Federal Grand Duchy of Sainte-Croix - Signed, Ratified
Commonwealth of New Duveland - Signed, Ratified
Kingdom of Lovedelund - Signed, Ratified (except Article 5)
Union of the Veratlantic States - Signed
Federal Kingdom of Lower Columbia - Signed, Ratified (except Article 5)
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Re: Recognition & Prohibition of Racial Discrimination

Post by RedAurora » December 27th 2013, 5:27 am

His Royal Highness' Federal Croisian Government will sign and ratify all provisions of the treaty.

Chrétien Reuterholm,
Permanent Representative to the AIN for Sainte-Croix
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Re: Recognition & Prohibition of Racial Discrimination

Post by Charlie » December 27th 2013, 7:14 am

The Commonwealth of New Duveland will sign and ratify all provisions of the treaty.
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Re: Recognition & Prohibition of Racial Discrimination

Post by Thomas » December 27th 2013, 11:44 am

Article 5 breaches freedom of speech and expression.
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Re: Recognition & Prohibition of Racial Discrimination

Post by Logan » December 27th 2013, 3:22 pm

Even though Article 5 does in fact breach freedom of speech,

The Honourable Prime Minister of Lovedelund, Jans Hanneson, will ratify all provisions of this treatise except Article 5. If Article 5 is revised in favour of freedom of speech, we will ratify it as well.
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Re: Recognition & Prohibition of Racial Discrimination

Post by RedAurora » December 27th 2013, 3:54 pm

Thomas wrote:Article 5 breaches freedom of speech and expression.
Logan wrote:Even though Article 5 does in fact breach freedom of speech
That is a question of debate, Thomas and Logan; it is not certain. Nations still debate whether it really does breach freedom of speech and expression. The way that Lovedelund has done, Cattala may opt-out of Article 5, Thomas.
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Re: Recognition & Prohibition of Racial Discrimination

Post by Kevin » December 27th 2013, 4:20 pm

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The Federal Republic of Corraile would like to formally request that the Croisian Foreign Affairs Directorate further elaborate on the "[suppression] or [prevention] any media or organisation promoting any form of hatred or violence against any racial group", with relation to it's impact on the protected right to free speech and expression as espoused by the majority of Alliance states. We also would like the Directorate to determine the arbitrary boundaries of what forms of media are considered to incite "hatred or violence", and to explain how any overtures to protect minority rights as promoted by this treaty can coexist with the individual right to free expression.

Should the Directorate provide a clear, logical and rational explanation and clarification, the Federal Republic of Corraile will sign and ratify this treaty, taking active measures to ensure Federal and State laws are in line with the articles and clauses of this treaty.
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Re: Recognition & Prohibition of Racial Discrimination

Post by RedAurora » December 27th 2013, 4:23 pm

@Kevin : Corraile can opt-out of any article that it doesn't like.

I don't think a response from the government of Sainte-Croix will be of any use unless Corraile intends to sign and ratify all articles.
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Re: Recognition & Prohibition of Racial Discrimination

Post by Kevin » December 27th 2013, 4:30 pm

Well, we are committed to minority protection, we just think it needs some clarification. Partial ratification is an alternative though, although I'll reach a decision on that later.
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Re: Recognition & Prohibition of Racial Discrimination

Post by InvaderNat » December 27th 2013, 9:19 pm

Most of it is standard law, but I can't agree with articles 4, 5 or 9 (I know 9 is optional).

Article 4 could mean supporting 'no-borders' and pro-amnesty groups (who call themselves 'anti-racists') |(, in reality they are just extreme left/marxist political groups. These groups play the 'race card' every chance they get and such a bill would only empower them and their culture of victimization.

Article 5 goes against free speech (as others have pointed out). No matter what you say you shouldn't be able to become a criminal just for speaking something (excluding explicit incitement to violence). This is a fundamental rule in Neu Westfalen.

Article 9 is state-mandated political education, kids don't need to have this shoved down their throats to prevent them becoming Nazis.

There is probably too much in the way of entry for me and Neu Westfalen, I'll have to decline (to no one's great surprise I'm sure). :P
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Re: Recognition & Prohibition of Racial Discrimination

Post by RedAurora » December 27th 2013, 9:30 pm

How many times do I have to say you can opt-out of, or agree to as many articles as you like?

Article 9 is what most nations do willingly anyways, and states do need to take some precaution to prevent children from accepting racism and fascism.
Article 5 is indeed controversial; I'm soon going to explain in roleplay why it is a part of the treaty.
Article 4 specifically states "regarding at least the sole purpose of ending racial discrimination"; this means that you don't have to agree with socialism or communism simply because they're against racism. States can agree with such parties/organisations on the sole grounds that they are not racist and states don't have to support any other policies that they have.

I'd suggest reading the articles and conditions of the treaty more carefully before shouting "leftism" and "Marxism". :|
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Re: Recognition & Prohibition of Racial Discrimination

Post by YingBlanc » December 27th 2013, 10:13 pm

The way you word your articles is too daunting and confusing for me Emir :| I don't know what any of the articles aims to do because of how you worded them
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Re: Recognition & Prohibition of Racial Discrimination

Post by RedAurora » December 27th 2013, 10:17 pm

...
umm...

You're so far the first person to say that. :P I don't really know how I can help; since this is an official international treaty, it needs to be worded in sophisticated language. :lol: I can try to simplify to you what each article states.
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Re: Recognition & Prohibition of Racial Discrimination

Post by YingBlanc » December 27th 2013, 10:30 pm

That's all I really need, I need some simple terms cause I ain't one for politician terms :P it's less sophisticated language that puzzles me but you amount of wording for the articles that use sophisticated language x3

Really I just read a few sentences of Article 1, then a zone out because of how long and sophisticated it is...if it's short and sophisticated it's fine x3
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Re: Recognition & Prohibition of Racial Discrimination

Post by Will » December 27th 2013, 10:54 pm

Umm....

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The Commonwealth Realm of New Holland will not sign this treaty as it believes it to be unnecessary.
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