SO 2017-34 Union Charter of Rights and Freedoms

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SO 2017-34 Union Charter of Rights and Freedoms

Post by Abdoa on Sat May 06, 2017 8:09 am

Senate of the Parliamentary Union
SO 2017-34
Union Charter of Rights and Freedoms

Article I: Preamble
We, the Parliament of the Union, move to guarantee and protect the basic rights and freedoms of the members of the Union, re-affirming and strengthening the provisions and spirit of the Constitution of the Union and ensuring the endurance of free democracy in the Union.

Article II: Definitions
1. “member” is hereby defined, for the purposes of this Document, future legislation and Government decrees, and retroactively for past legislation and Government decrees in which the term has not been defined for the purposes of the specific legislation or Government decree, as “a NationStates user with at least one nation residing in the Union”.
2. “WA member” is hereby defined, for the purposes of this Document, future legislation and Government decrees, and retroactively for past legislation and Government decrees in which the term has not been defined for the purposes of the specific legislation or Government decree, as “a NationStates user with at least one nation residing in the Union that is a member of the NationStates World Assembly”.

Article III: Fundamental Freedoms
Section A: Freedom of Speech
1. The right of the members to free, uncensored speech and criticism of the Government of the Union or the Parliament of the Union shall not be abridged.
2. a) The right of the members to free, uncensored conversation shall not be curtailed, via the NationStates Post Suppression System, judicial action, or other means.
b) Article III, Section A, Clause 2, Subclause A of this Document is excepted in circumstances where specific speech would compromise the imminent security of the region, violate the Terms of Service of NationStates or the other services utilized by the Union, compromise anyone’s real-world safety, and/or if said speech is defamatory, slanderous, libelous, excessively hateful, profane, or illegal in the real-world jurisdictions defined in the Terms of Service statement of the service used to communicate said speech.
Section B: Freedom of Ideology
1. The right of the members to believe and act in their own ideology shall not be curtailed.
2. The practice of one’s ideology is not protected if it is would fall into the circumstances set forth in Article III, Section A, Clause 3, Subclause B of this Charter.
Section C: Freedom of Sovereignty
1. No member shall be denied the right to possess a NationStates account by the Government of the Union, the Parliament of the Union, or any member of the Union.
2. Article III, Section C, Clause 1 of this Document is excepted when a member is banned from the use of said account by the Judiciary as a punishment for the commission of a crime.
3. The malicious breaking into, hacking, or seizure a member of the Union’s account on NationStates or the other services used by the Union is a crime to be known as “Account Theft”, and shall be classified as a Felony under SO#2017-14 (“On Judicial Rights and Procedures”), Article V, and shall be punished by a ban of no less than eighteen (18) months and up to a permanent ban.
Section D: Freedom of Association
1. All members shall enjoy the right to form political coalitions or social groups.
2. Members shall have the right to utilize the services utilized by the Union to for their political coalitions or social groups.

Article IV: Democratic Rights
Section A: Elections and Candidacies
1. All members shall enjoy the right to vote in all elections.
2. All members shall enjoy the right to be a candidate in any election.
3. Article IV, Section A, Clauses 1 and 2 of this Document are excepted in cases where voting rights and/or candidacy rights have been revoked by the Judicial Branch after a conviction of a criminal offense.
4. Members may only vote with one nation, and voting using multiple nations (“puppets”) is prohibited and subject to the judicial procedures outlined in SO#2016-6 (“Election Integrity Act”).
5. a) Members may only use one nation at a time to hold positions in the Government and the Parliament.
b) Members may switch between nations, however only one at any given time may be used to hold positions in the Government or the Legislature.

Section B: World Assembly Rights, Elections, and Candidacies
1. a) Article IV, Section A, Clauses 1 and 2 of this Document are excepted in the cases of Prime Ministerial elections.
b) Only WA members shall be eligible to vote and be a candidate in Prime Ministerial elections.
2. The provisions in Article IV, Section A of this Document not specifically excepted in Article IV, Section B, Clause 1 of this this Document shall apply to Prime Ministerial elections.
3. WA members are hereby required to endorse the Prime Minister within seventy-two (72) hours of the aforementioned official assuming office.
4. a) If a member fails to comply with Clause 3 of this Section within the prescribed time limit, the Ministry of Jurisprudence shall notify the noncompliant member via Telegram of this requirement.  If the noncompliant member fails to comply within seventy-two (72) hours of the first notification, another notification shall be sent.
b) “Failure To Endorse The Lawful Prime Minister”, or failing of a WA Member to endorse the Prime Minister within six (6) days of the Prime Minster assuming office and after two consecutive notifications of violation by the Ministry of Jurisprudence, is hereby defined as a Criminal Offense under SO#2017-14 (“On Judicial Rights and Procedures”), Article V, and is classified as a Misdemeanor, and shall be punishable by a Written Warning on the RMB on the first offense, and if a subsequent offense is committed, a ban of up to seventy-two (72) hours may be imposed.
5) a) WA Members shall maintain the right to endorse who they wish, subject to the requirements of Clause 3 and Clause 5, Subclause B of this Section.
b) A WA Member may not endorse another WA Member if such endorsement would bring the total endorsements of the nation being endorsed to greater than half of the number of endorsements of Prime Minister.
c) If a WA Member violates Subclause B of this Clause, the Ministry of Jurisprudence will notify the member by Telegram, and inform the member that they have seventy-two (72) hours to comply with the aforementioned Subclause.
d) “Violation of the Endorsement Cap”, or the continued violation of Subclause B of this Clause after seventy-two (72) hours of a notification being issued pursuant to Subclause C of this Clause, is hereby defined as a Criminal Offense under SO#2017-14 (“On Judicial Rights and Procedures”), Article V, and is classified as a Misdemeanor, and shall be punishable by a Written Warning on the RMB on the first offense, and if the offender has not corrected their violation after seventy-two (72) hours of conviction, they may be re-charged with this offense and sentenced to a ban not exceeding twenty-four (24) hours.


Article V: Mobility Rights
Section A: Residency Rights
1. Any nation in NationStates has the right to move to the Union’s region unrestricted, unless the Founder or another legally authorized Union member has imposed border controls for a defined and limited period of time.
2. Any member may move their nation out of the Union’s region, upon which event they must lose their membership of the Union, until they should move their nation back into the Union’s region.
Section B: Treaty Rights
1. Members have the right to enter into formal treaties with other members, which shall be recognized by the Union if they are made on the Union’s forum.
2. Members also have the right to enter into formal treaties with nations not residing in the Union’s region, which the Union must recognize and respect upon discovery.
3. Formal treaties may not however take precedence over the Constitution of the Union, Acts of Parliament, Decrees by members of the Executive, or over the rights and freedoms of members.
Section C: NationStates Forum
The Union may in no case prevent the participation of members in activities on the NationStates Forum for any reason except as a punishment exacted by the Judicial Branch.

Article VI: Legal Rights
1. All members have the right to sue the government, and be sued by the government.
2. All members have the right to a fair trial before an impartial court.
3. All members have the right to withhold private information while under investigation.
4. All members have the right to representation by an advocate.
5. All members charged with an offence have the right:
a) to be promptly informed of the accusation;
b) to be tried within a reasonable period of time;
c) not to be called upon to give evidence against that member;
d) to be presumed innocent until proven guilty through due procedure in a fair and public hearing by the Parliament or a Temporary Tribunal;
e) not to be found guilty on account of any action or omission that did not constitute an offence under Union law at the time of the act or omission;
f) if ultimately acquitted of an offence, not to be tried for that offense again except upon appeal and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and
g) if found guilty of an offence of which the punishment has changed between the beginning of the trial and the verdict, to be sentenced according to the former punishment.
6. All members have the right to be punished according to the severity of the offense.
7. A member who gives evidence incriminating himself at another trial may not have such evidence used against that member in any other trial, except in a prosecution for perjury, for contempt of court, or for the giving of contradictory evidence.

Article VII: Equality Rights
Section A: Legal Equality
Every member is equal before and under criminal law.
Section B: Right to Equal Protection
Every member has the right to the equal protection, benefit, and application of the law without discrimination, in particular based on private information displayed by members on their forum account page or on their nation’s factbooks, other dispatches, or profile.
Section C: Right to Equal Representation
Every member has the right to the fair and equal representation of their interests in official Union contexts.

Article VIII: Linguistic Rights
Section A: Official Use
1. English is the official language of the Union, and all official Union business must be conducted in that language, with as much regard as is reasonable for proper grammar, vocabulary, and diction.
2. The failure to follow the provisions of Clause 1 of Section A of Article VIII of this Act constitutes a Civil Offense as per Subclause C of Clause 1 of Article VII of SO 2017-14 (“On Judicial Rights and Procedures”).
Section B: Colloquial Use
1. In non-official communication, the right to use any other language must be upheld.
2. However, if a member requests that an accurate English-language translation be provided, it shall be done so.

Article IX: Enforcement
Section A: Enforcement of Rights and Freedoms
If a member finds that their rights and/or freedoms have been/are being infringed or unduly curtailed, they may file an accusation of civil offense under Article VII of the Act on Judicial Rights and Procedures, as per Article VIII, Section B of that Act.
Section B: Exclusion of Improperly Obtained Evidence
1. If during a criminal investigation initiated by TOUP as per Article VI, Section B of the Act on Judicial Rights and Procedures, the accused feels that their rights and/or freedoms are being infringed by the conduct of the investigation, the accused may file an accusation of Improper Investigation under Article VII, Clause 1B of the Act on Judicial Rights and Procedures, as per Article VIII, Section B of that Act.
2. If the Civil Court finds that a civil offense has been committed during TOUP’s investigation, it may at its discretion exclude evidence obtained from TOUP’s investigation from use against the accused in trial as being improperly obtained, and as such as undermining the authority of justice in the Union.

Article X: General Provisions
1. The guarantee of certain rights and freedoms in this Charter does not curtail or nullify the guarantee of other rights enunciated in existing Acts of Parliament.
2. The enunciation of certain rights and freedoms in this Charter does not preclude the existence and enforceability of other rights and freedoms.
3. Rights and freedoms explicitly listed in the Constitution of the Union take precedence over rights and freedoms not explicitly listed in that document.

Article XI: Application
Section A: Universality
The Citizens of the Union should hold their rights and freedoms self-evident, and that they are inalienable in all circumstances as not specifically excepted in this Charter.
Section B: State of Emergency
1. A State of Emergency may be declared as per Article XI Section B of this Act if the Founder and Parliament are resolved that the imminent survival of the Union is unsure, and that its declaration will lead to a direct improvement of that situation towards stability.
2. A State of Emergency will expire two weeks from its declaration unless explicitly extended by Parliament.
3. When a State of Emergency has been declared, Section D of Article III, Sections A and B of Article V, Articles VI and VII, Section B of Article VIII, Article IX, and Clauses 1 and 2 of Article X may be waived, if the Declaration of State of Emergency
Section C: Declaration of State of Emergency
1. A Declaration of State of Emergency may be proposed by any Senator or the Founder in the Drafting Table of Parliament, but will be debated only at the discretion of the sitting Speaker of Parliament.
2. If the Founder recommends that a State of Emergency should not be declared, the sitting Speaker of Parliament may not let the Declaration of State of Emergency be debated.
3. When a Declaration of State of Emergency is voted on, it must receive the favorable votes of three-quarters of senators voting to pass, directly after which a State of Emergency must be officially declared by the Founder.
4. An Extension of State of Emergency, which will be invalid if imposed after the expiry of the State of Emergency which it is to extend, will be treated exactly like a Declaration of State of Emergency, and it will also expire two weeks from the official Extension of State of Emergency by the Founder.
5. A Declaration of State of Emergency must contain explicit language specifying which sections of this Act enumerated in Clause 3 of Section A of Article XI of this Act may be waived, if such sections are to be waived during the State of Emergency, but that language does not need to be contained in an Extension of State of Emergency for it to be implied in that extension.

Article XII: Conclusion and Citation
We, the Parliament of the Union, do hereby move to enact the provisions of this document into law and order that this Act be cited as the “Union Charter of Rights and Freedoms of 2017”.

May 1st, 2017
The Hon. Abdoa, MP LSM GSM
The Rt. Hon. Libertarian Democracy, MP MoD LSM GSM

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Re: SO 2017-34 Union Charter of Rights and Freedoms

Post by Abdoa on Sat May 06, 2017 8:10 am

Debate will last until Monday April 8, 2017.

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Re: SO 2017-34 Union Charter of Rights and Freedoms

Post by Abdoa on Sat May 06, 2017 8:11 am

It is with great honor that, as co-author, I present to the Parliament at last this Charter of Rights and Freedoms, which I hope all members can support with all their hearts, guaranteeing our fellow citizens' everything that they deserve as member of the Union.

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Re: SO 2017-34 Union Charter of Rights and Freedoms

Post by Abdoa on Tue May 09, 2017 5:31 am

Debate closed; please go vote on the bill.

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