NationStates Jolt Archive


PROPOSAL: Repeal "END BARBARIC PUNISHMENTS"

Olverica
02-10-2006, 05:01
The General Assembly of The United Nations,

RECOGNIZING that torture and cruel & unusual punishment is both barbaric and deplorable,

LAUDING the attempted efforts of the UN Resolution #41 "END BARBARIC PUNISHMENTS" for denouncing and outlawing barbaric punishments,

CRITICIZING the ambuigty of Resolution #41's language and the failure to clarlify the definitions of torture and cruel & unusual punishment,

ALSO CRITICIZING of the bill's inability to define or even outline the language of "a substantial fine,"

REJECTING the idea that Resolution #41 only claims protection from barbaric abuses for witnesses, suspects, and criminals,

RECALLING that UN Resolution #26 "The Universal Bill of Rights" already protects ALL humans from torture and cruel & unusual punishment as stated in Articles 4 & 5,

ALSO RECALLING that the same rights granted by Resolution # 41 are secondarily protected by Resolutions #27 ("Due Process") & #31 ("Wolfish Convention on POWs),

DECLARING that Resolution #41 "END BARBARIC PUNISHMENTS" is redundant, unnecessary, and does nothing to further promote human rights,

REPEALS UN Resolution #41 "END BARBARIC PUNISHMENTS."

In an effort to eliminate useless legislation from the UN, I am asking for UN delegates to please support this proposal.

Here is the link: http://www.nationstates.net/page=UN_proposal1/match=END%20BARBARIC%20PUNISHMENTS

Thank you everyone for your time. :p
HotRodia
02-10-2006, 06:24
Might want to run it through a spell-checker, but otherwise this looks pretty good.

HotRodian UN Representative
Accelerus Dioce
Ceorana
02-10-2006, 14:15
I would love to repeal and replace this, but, unfortunately, if Fair Sentencing Act passes a replacement won't be possible.

Ceorana withholds its support until if and when Fair Sentencing Act fails.

Enrique Lopez
Ambassador to the United Nations
Olverica
02-10-2006, 15:35
i dont think that it necessarily needs to be replaced, its basically just a redundant law that is already covered in other resolutions. This resolution only protects witnesses, suspects, and criminals and the Universal Bill of Rights protects everyone...
Ceorana
02-10-2006, 23:24
i dont think that it necessarily needs to be replaced, its basically just a redundant law that is already covered in other resolutions. This resolution only protects witnesses, suspects, and criminals and the Universal Bill of Rights protects everyone...

But "torture" is subjective, and UBR doesn't define it. So nations can define "torture" as "hanging people from the ceiling by their fingernails, or any greater punishment" and still hang people from the ceiling by their fingers, for example.
Dancing Bananland
05-10-2006, 17:40
But "torture" is subjective, and UBR doesn't define it. So nations can define "torture" as "hanging people from the ceiling by their fingernails, or any greater punishment" and still hang people from the ceiling by their fingers, for example.

True, still Resolution 41 fails, as well, to define barbaric punishment, and that still doesn't address the relevant clauses in Wolfish Convention and Due Process. My point is, Olverica's argument is still relevant, and in fact strengthened by this statement, as we do need this resolution to be repealed for a more comprehensive proposal on this issue.
Zeldon 6229 Nodlez
05-10-2006, 22:22
I fail to see where Fair Sentencing address punishment in a manner that would effect barbaric punishment. or tortue.

Category: The Furtherment of Democracy, Mild Player and mod input requested

The United Nations,

Reaffirming its intent to ensure for all those accused of criminal acts fair legal proceedings,

Believing that all those tried for criminal acts deserve the right to sentencing by a competent judicial body, whether judge, jury, military tribunal or other, able to consider the specific conditions of the case,

Realizing that in many cases, there may be extenuating circumstances, whereby individuals with similar offences may require different sentences, and therefore full consideration of all relevant factors is needed,

Recognising that different societies treat crime and punishment in different ways, and adopt different attitudes to which sentences may be appropriate:

1. Requests that member nations ensure their legal processes are fair and just;

2. Declares the right of nations to determine for themselves the sentences for violations of laws committed within their jurisdictions;

3. Calls for the creation of independent and accountable bodies capable of overseeing and reviewing sentencing decisions;

4. Recommends that nations devolve sentencing powers to the level most capable of taking into account all relevant considerations. All this covers is getting a person tried and to me does nothing to cover sentences given just as long as trail was done FAIR SENTENCING. As if missed it covering something else then can't support this one since it's title is false and missleading as to what it does. As far as this and the current proposal to repeal barbaric punishment. We find hanging is a proper sentence for multi rapes and murder and thus not barbaric. What we do find as barbaric is locking a person away for life and letting them victomize citizens again who pay for their care will in prison. So we can see how hard it is to define what is barbaric and not barbaric.


As for the repeal it has some good points for a repeal and thus we support it. As this resolution as stated only partly does a job done by other resolutions.

Zarta Warden,
Zeldon Ambassador to UN,
Chief Vicar Cavirra Township