Repeal "For the Detained and Convicted"

[Gulliver]

Category: Repeal
Resolution: GA#62
Proposed by: [nation]Mousebumples[/nation]

Description: WA General Assembly Resolution #62: For the Detained and Convicted (Category: Human Rights; Strength: Significant) shall be struck out and rendered null and void.

Argument: THE WORLD ASSEMBLY:

UNDERSTANDS that all individuals who are accused of a crime should be accorded certain rights and protections under international law;

REALIZES that the current resolution on the subject contains a number of flaws that make it ineffective, at best, and detrimental to WA member nations and their citizens, at worst;

REGRETS that clauses within this resolution’s text allow for the abuse of these rights under the guise of upholding them;

NOTES that Clause 1a proclaims that all who are detained are “considered the accused until proven guilty;” yet the resolution does not make any attempt to ensure that innocence is presumed of all accused until proven otherwise. As such, any accusation, no matter how spurious, may follow individuals throughout the rest of their lives, even if they are never convicted of the crimes in question;

QUESTIONS the details of Clause 1c, as “outside and inside threats” are referenced but not given any further elaboration. Such a lack of clarity may be exploited by nations wishing to evade compliance with this clause's intent;

HIGHLIGHTS an additional shortcoming of the resolution's text, in that WA member states are not required to protect convicts from outside threats as Clause 2d only ensures protection for the convicted “from inside threats”, which fails to protect the convicted from the following:

• Natural disasters and other potentially hazardous weather conditions, such as extreme temperatures, and
• Civil unrest that threatens the lives and well-being of convicts;

BELIEVES that misconduct, as detailed in Clause 2g(i), should also have the potential to result in the temporary loss or reduction of exercise time, which is not permitted under the terms of this flawed resolution;

ENCOURAGES the drafting of further proposals on this subject to ensure the protection of all who are accused, charged, and convicted of crimes within WA member nations;

REPEALS GA#62, “For the Detained and Convicted.”

[Gulliver]

I have cast a provisional vote of "for".