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General Assembly DEBATE - Ammednment to address Security Council concerns
Topic Started: 24th May 2015 - 09:22 AM (773 Views)
DaveIronside
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Bendix Landau (1880-1939)
Formal Name of Submitting Nation: The First Empire of Rokkenjima
Nations involved: All
Title of Submission: To debate and devise an amendment to the Commonwealth Treaty to address 'disgraced' members of the Security Council
Description: The First Empire has taken notice that there are no provisions in the Commonwealth Treaty to deal with a 'rogue' or 'dishonoured' member of the Security Council. As the Security Council is tasked with "primary responsibility for the maintenance of international peace and security" it forms a vital institution of the Commonwealth Treaty Organisation. Recognizing that a plethora of events may take place which could render a member of the Security Council no longer fit to serve upon the Council Rokkenjima proposes a debate to determine;
Situations which would render a state unfit to fulfill their term on the Security Council
Provisions to remove such a member from the Security Council and the selection of a replacement for the remainder of the current term
Requirements for such a state to restore its right to stand in future Security Council elections.

Any other details: Recognizing that the Security Council is a vital institution of the Commonwealth, to preserve the integrity of the Council and to ensure a state which acts against the spirit of the Commonwealth Treaty does not pervert the integrity of the Council or use its position to defer ramifications, Rokkenjima seeks a debate to establish procedure to remove, and replace, such a member from the Council. Rokkenjima believes that the best method to bring about removal would be through a vote of the General Assembly, requiring the support of 65% of members to pass. The selection process of a replacement to serve for the remainder of the current term could either be a function of the Secretary-General, or via a special CTO regional election.
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CGJ
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Franz Kaufmann (1886-1944)
The Kingdom of Dartfordia fully supports the proposed amendments, and wishes to formalise these proposals with written text:

1) Insert following Article 22, Section 5:

"6. A member of the Security Council may resign their seat, or be removed from their position on the Security Council by a vote of two-thirds of members of the General Assembly.
7. Should a vacancy occur within the first 18 months of a Security Council term, the Secretary-General shall organise an election to fill the vacancy. This election will take place in accordance with Article 22, Section 3, with the assumption that an elected member will serve a full term.
8. Should it occur in the latter 18 months of a Security Council term, then the Security Council may elect a nation in good standing, from the appropriate region, to sit on the Security Council. Article 22, Section 3 shall not apply in this instance, and it shall be assumed the member is not serving an official term."

2) A proposal to resolve this issue had been made here.

(OOC: '18 months' here shall be considered to mean approximately 45 days.)
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Submitted Legislation

The Kingdom of Dartfordia (Factbook - Vignettes - News - Press Office)
Founding member of the Cross-Straits Treaty Alliance (CSTO), Commonwealth Treaty Organisation (CTO) and Congress of Albion (PAC).
Member of the Cultural Exchange Treaty Organisation (CETO).
Signatory to the Mundus Convention on Universal Rights (MCUR), Fair Seas Concordat (FSC) and Uppsala Convention.
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Beatrice
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OOC: Darn it, C! Don't have time to re-write anything here, but it's still a good start to the debate. Should we include some of the issues I mention in this post to C's proposal I think we'll be on our way to a great Resolution. ^^


"Rokkenjima is pleased to see this matter come quickly before the General Assembly for debate. As you all know the Security Council is, according to the Commonwealth Treaty, the body tasked with "primary responsibility for the maintenance of international peace and security". Thus it was of concern when it was realized that the Treaty has no mechanism for the removal, or dismissal, of a Security Council member which violates the spirit or letter of the Treaty, or otherwise acts in ways which undermines the ability and integrity of the Security Council. Simply waiting for the next round of elections would not be desirable or practical in most cases, thus the proposal for a mechanism to remove disgraced Security Council members before the end of their term, and selecting another nation to complete their term."

"Situations which would warrant the removal of a Security Council member would include violating the Commonwealth Treaty, acting in ways which are contravening to maintaining international peace and security, unilateral military actions which not only undermine the Security Council itself but also act against the spirit of the peaceful resolution of disputes, state-sanctioned genocides and coups. Naturally there are more situations which could and should be considered, but this list is simply to get the discussion started. After the collective effort which went towards the establishment of the Commonwealth it is our duty to safeguard its institutions, and this measure would ensure that no one nation could undermine the Security Council or stain the integrity of the institution. Naturally a member who faces removal from the Security Council would have their responsibilities to the Council suspended, ensuring no conflict of interest or the potential to abuse their position upon the Council."

"For the process of removal for a sitting Security Council member Rokkenjima feels the process could be similar to a vote of no confidence, where if 65% of the General Assembly voting agrees with a Motion brought by a member of the General Assembly that a Security Council member should be removed which also states the reasons for removal, the member in question would then be removed and a replacement selected to fulfill any time remaining in the removed nations term. This replacement could be selected via a special election in the affected Security Council constituency, or by selection of the Secretary-General should a swift replacement be necessary. A state which fulfills the remaining time of a disgraced Security Members term could be allowed to stand in the next Security Council elections if the time remaining in the present term is less than half of the original term. It will be our task to determine the best possible method for both situations."

"Finally I would like to highlight the importance of the Security Council, not unilateral parties, addressing matters concerning international peace and security. While Rokkenjima remembers a time where nations had to form grand alliances to counter the naked aggression which nearly threw Mundus into global conflict those days are, thankfully, behind us. A better system is now in place which allows for the peaceful settlement of disputes, with a Council dedicated to maintaining that peace. Let's ensure this institution retains its integrity and is not compromised by a disgraced member. Thank you for your time."
Edited by Beatrice, 24th May 2015 - 02:45 PM.
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Beatrice Anselmo
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DaveIronside
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Bendix Landau (1880-1939)
OOC - I think this is a good addition, should no one voice concern by Wednesday 'll push for this to go to a vote.
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Beatrice
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As no one has had any objections (or points to debate) thus far, I'd like to provide the following amendments to the Charter, based on what C has posted:

Insert following Article 22, Section 5:

"6. A member of the Security Council may resign their seat, or be removed from their position on the Security Council by a vote of two-thirds of members of the General Assembly.[1]
7. Should a vacancy occur within the first 18 months of a Security Council term, the Secretary-General shall organise an election to fill the vacancy. This election will take place in accordance with Article 22, Section 3, with the assumption that an elected member will serve a full term.
8. Should it occur in the latter 18 months of a Security Council term, then the Security Council may elect a nation in good standing, from the appropriate region, to sit on the Security Council. Article 22, Section 3 shall not apply in this instance, and it shall be assumed the member is not serving an official term.
9. A member of the Security Council which has had such a vote brought against them shall suspend their responsibilities to the Council, thus preventing any conflict of interest or a further abuse of their position upon the Council.
10. A member of the Security Council which has been removed in this manner shall be required to rectify the issues noted in the Dismissal Resolution before being allowed to stand in future Security Council elections.
[1] I think this should be clarified that members can only be removed for violating (and/or undermining) the spirit or letter of the Treaty, or otherwise acting in ways which undermines the ability and integrity of the Security Council. This would also include would include violating the Commonwealth Treaty, acting in ways which are contravening to maintaining international peace and security, unilateral military actions which not only undermine the Security Council itself but also act against the spirit of the peaceful resolution of disputes, state-sanctioned genocides and coups. Any other situations should be brought up, as this will likely be the last chance to include them.
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Beatrice Anselmo
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Empress of the First Empire of Rokkenjima

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DaveIronside
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Bendix Landau (1880-1939)
With there having been no clear objections I will leave this open for debate until 9pm Friday (UK Time), should no objections be raised it shall then move to vote.
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CGJ
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Franz Kaufmann (1886-1944)
"We thank the First Empire for their amendments. I would like to draw issue, however, to these amendments. Notably with Section 9, one must question whether it would be wise to automatically suspend a member if a motion of no confidence is brought before the Assembly. Should Dartfordia, for example, disagree with the decision of the UNP on a Security Council matter, then 'determine' ourselves that the UNP has committed an act that undermines the spirit of the Treaty, should the UNP automatically have their Security Council right suspended? To me this is a presumption of guilt, not innocence. As a safeguard, I believe it be right for the Secretary-General, should a motion be presented, to determine independently whether their immediate presence would cause a conflict of interest. Only then should the member be suspended from the Council.

"Secondly we request further clarification on Section 10, as to determine how it is determined issues in the Dismissal Resolution has been rectified.

Finally, following the First Empire's recommendations, we propose the following amendment: (OOC: Changes in italics)
6. A member of the Security Council may resign their seat, or, should it be determined by a vote of two-thirds of members of General Assembly that the member has acted contrary to the spirit or letter of the Treaty, or has otherwise acted in a way which undermines the ability and integrity of the Security Council or Commonwealth Treaty Organisation, be removed from their position on the Security Council."

Edit:

Also this amendment, which I forgot: "9. Should a motion be brought forward to expel a member of the Security Council, the Secretary-General shall determine independently whether the immediate presence of the member in the Security Council would cause a conflict of interest, and should that be the case, the member shall be suspended from the Security Council until the conclusion of the General Assembly vote."
Edited by CGJ, 3rd June 2015 - 07:58 PM.
Posted ImageThe Most Honourable Marquess CGJ PC
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Coauthor of the Order's most viewed vignette series: Beaxander, as well as BeaXtra, 50 Shades of Chalk and Beaxotica.

Submitted Legislation

The Kingdom of Dartfordia (Factbook - Vignettes - News - Press Office)
Founding member of the Cross-Straits Treaty Alliance (CSTO), Commonwealth Treaty Organisation (CTO) and Congress of Albion (PAC).
Member of the Cultural Exchange Treaty Organisation (CETO).
Signatory to the Mundus Convention on Universal Rights (MCUR), Fair Seas Concordat (FSC) and Uppsala Convention.
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Beatrice
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"Rokkenjima has no issue with the proposed changes, and thanks the Kingdom of Dartfordia for making more clear our original intent. We also believe that such Dismissal Motions should originate from the geographic region from which the Security Council member in question is located."
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Beatrice Anselmo
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Empress of the First Empire of Rokkenjima

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Beatrice
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6. A member of the Security Council may resign their seat, or, should it be determined by a vote of two-thirds of members of General Assembly that the member has acted contrary to the spirit or letter of the Treaty, or has otherwise acted in a way which undermines the ability and integrity of the Security Council or Commonwealth Treaty Organisation, be removed from their position on the Security Council.
7. A motion to expel a member from the Security Council may only be submitted by a country in the same geographic region as the member.
8. Should a vacancy occur within the first 18 months of a Security Council term, the Secretary-General shall organise an election to fill the vacancy. This election will take place in accordance with Article 22, Section 3, with the assumption that an elected member will serve a full term.
9. Should it occur in the latter 18 months of a Security Council term, then the Security Council may elect a nation in good standing, from the appropriate region, to sit on the Security Council. Article 22, Section 3 shall not apply in this instance, and it shall be assumed the member is not serving an official term.
10. Should a motion be brought forward to expel a member of the Security Council, the Secretary-General shall determine independently whether the immediate presence of the member in the Security Council would cause a conflict of interest, and should that be the case, the member shall be suspended from the Security Council until the conclusion of the General Assembly vote.
11. A member of the Security Council dismissed by the General Assembly shall be required to rectify the issues noted in the Dismissal Resolution before being allowed to stand in future Security Council elections. This shall be determined by a unanimous vote of the Security Council upon the recommendation of the Secretary-General.
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Beatrice Anselmo
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Empress of the First Empire of Rokkenjima

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Achkaerin
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Two points made by the Holy Empire of Achkaerin.

1) While we recognise the Secretary General as the leader of the organisation we do believe that the determination for a member of the Security Council to give up their seat should rest with the membership of the Security Council. Even then this should only be in the most obvious of examples of any conflict of interest

2) A member of the Security Council who is put through this procedure would be unfairly discriminated against and hindered in a legal context if they are restricted in carrying out the functions they were elected to carry out, since restrictions presume guilt and may therefore influence the eventual vote of the General Assembly (hence point 1)
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Beatrice
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1. The determination for a member of the Security Council to be expelled lays within the hands of the Members of the General Assembly, specifically those in the geographical region of the Security Council member in question initially (to lodge the motion) and then the entirety of the General Assembly (for the vote.)

2. A member who is up for the process of expulsion should see responsibilities suspended, on a case-by-case basis, depending upon the case against them and the nature of the expulsion itself. Without such a suspension such a member could do harm to the integrity of the Council, or act in ways to undermine the case presented against them. Such an action would have no greater bearing upon the presumption of innocence or guilt than the lodging of such a motion would.
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Beatrice Anselmo
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Beatrice
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OOC: Just seeing where we stand on this since it's been a few days.
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Beatrice Anselmo
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DaveIronside
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Bendix Landau (1880-1939)
Should no one voice any other changes, concerns etc by Wednesday I will publish the final draft (if someone can let me have a copy it would be greatly appreciated) and then voting will open.
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DaveIronside
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Bendix Landau (1880-1939)
Ok, as no one has any concerns then I will open this up for voting for a period of 72 hours , therefore it will close Wednesday at 9pm UK time.

The amendments are as follows

6. A member of the Security Council may resign their seat, or, should it be determined by a vote of two-thirds of members of General Assembly that the member has acted contrary to the spirit or letter of the Treaty, or has otherwise acted in a way which undermines the ability and integrity of the Security Council or Commonwealth Treaty Organisation, be removed from their position on the Security Council.
7. A motion to expel a member from the Security Council may only be submitted by a country in the same geographic region as the member.
8. Should a vacancy occur within the first 18 months of a Security Council term, the Secretary-General shall organise an election to fill the vacancy. This election will take place in accordance with Article 22, Section 3, with the assumption that an elected member will serve a full term.
9. Should it occur in the latter 18 months of a Security Council term, then the Security Council may elect a nation in good standing, from the appropriate region, to sit on the Security Council. Article 22, Section 3 shall not apply in this instance, and it shall be assumed the member is not serving an official term.
10. Should a motion be brought forward to expel a member of the Security Council, the Secretary-General shall determine independently whether the immediate presence of the member in the Security Council would cause a conflict of interest, and should that be the case, the member shall be suspended from the Security Council until the conclusion of the General Assembly vote.
11. A member of the Security Council dismissed by the General Assembly shall be required to rectify the issues noted in the Dismissal Resolution before being allowed to stand in future Security Council elections. This shall be determined by a unanimous vote of the Security Council upon the recommendation of the Secretary-General.
Edited by DaveIronside, 14th June 2015 - 09:38 PM.
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Sekkanar
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Odmony Votes Aye.
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Beatrice
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Rokkenjimma votes aye.
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Beatrice Anselmo
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CGJ
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Franz Kaufmann (1886-1944)
Dartfordia votes aye.
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Coauthor of the Order's most viewed vignette series: Beaxander, as well as BeaXtra, 50 Shades of Chalk and Beaxotica.

Submitted Legislation

The Kingdom of Dartfordia (Factbook - Vignettes - News - Press Office)
Founding member of the Cross-Straits Treaty Alliance (CSTO), Commonwealth Treaty Organisation (CTO) and Congress of Albion (PAC).
Member of the Cultural Exchange Treaty Organisation (CETO).
Signatory to the Mundus Convention on Universal Rights (MCUR), Fair Seas Concordat (FSC) and Uppsala Convention.
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DaveIronside
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Bendix Landau (1880-1939)
East Moreland vote aye
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Achkaerin
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Achkaerin votes aye
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Rhodes
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Seaforth votes aye
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hobbes
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South Hills votes yes
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DaveIronside
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Bendix Landau (1880-1939)
This has gone well past its end vote date so I declare it closed and passed.
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