Legislators,

The following repeal and replacement of the Proscription Act has received a seconded motion to vote.

As the proposed replacement is a constitutional law, the vote will last for five days and require a three-fifths majority to pass (according to the Legislative Procedure Act, Article 1, Section 4).

The vote will end on January 11th 2019, at 22:15 UTC.

The debate thread can be found here.



If passed, the following Act shall be repealed:
 

Proscription Act
An Act to grant authority to declare hostile persons or organizations prohibited from entering or residing in the Coalition

1. Acts of Hostility

(1) Any individual, region or organization that was or is actively involved or complicit in an attempt, successful or otherwise, to illegally overthrow the legitimate government of The South Pacific or its allies and partners, shall be considered hostile.

(2) Any individual, region or organization that has coordinated to exploit, manipulate, or unduly influence elections or votes in The South Pacific, or its allies and partners, on behalf of a foreign region or organization shall be considered hostile.

(3) Any individual, region or organization that has engaged in or has attempted to engage in coordinated espionage against The South Pacific or its allies and partners shall be considered hostile.

(4) Any individual, region or organization that has or has attempted to sabotage military operations of The South Pacific, outside of normal raiding and defending dynamics, shall be considered hostile.

(5) Any individual that is an agent acting on behalf of a foreign region or organization to the detriment of The South Pacific shall be considered hostile.

2. Proscriptions

(1) A regional proscription is a prohibition on an individuals or on all members of a region or organization from having a nation in any regions in the Coalition's jurisdiction.

(2) A full proscription comprises a regional proscription as well as a prohibition on access to off-site resources of the Coalition.

3. Grant of Authority

(1) The Cabinet or the Council on Regional Security may proscribe a individual that is not a member of the South Pacific, or a foreign region or organization, that they determine to be hostile. The Cabinet together with the Council on Regional Security may proscribe a member or a domestic organization that they determine to be hostile.

(2) A proscription must be issued publicly, and be accompanied with a report detailing the hostile acts. All extant proscriptions must be publicly visible at all times.

(3) Upon proscription of a region or organization, any members of the South Pacific affected by that proscription will have 7 days to demonstrably renounce their association to the satisfaction of the issuing authority before the proscription is enforced. 

(4) The issuing authority of a proscription may revoke it at any time. For proscriptions issued by the Cabinet only, the Assembly may revoke a proscription by a supermajority vote.

4. Judicial Review

(1) Individuals subject to a proscription may challenge the issuing authority's determination of hostility in the High Court. 

(2) Individuals subject to a proscription of a region or organization may challenge the issuing authority's determination of their membership in that region or organization in the High Court. 

(3) For the purposes above, the individual must be granted adequate permissions to participate in the High Court proceedings for that case.   

 
and the following Act shall become law:
 

Proscription Act

An Act to grant authority to declare hostile persons or organizations prohibited from entering or residing in the Coalition.

1. Acts of Hostility

(1) The following acts committed against the legitimate government of The South Pacific, or its allies, are considered acts of hostility, whether or not they are successful—
a. Overthrowing the legitimate government;
b. Unlawfully causing a nation to become Delegate;
c. Unlawfully gaining access to privileged or classified information, or distributing it or publishing it;
d. Exploiting, manipulating, or unduly influencing elections or votes;
e. Acting as an agent on behalf of a foreign region or organization, to the detriment of the legitimate government.

(2) Conspiracy, defined as planning, strategizing, or otherwise showing an intent to commit an act of hostility shall itself be considered an act of hostility.

(3) Complicity, defined as promoting, inducing, aiding or abetting an act of hostility, including a conspiracy to commit such an act, shall itself be considered an act of hostility.

(4) Insofar as an act of hostility is committed against an ally, the victimized region must be an ally at the time of the proscription.

2. Proscriptions

(1) A regional proscription is a prohibition on an individual or on all members of a region or organization from having a nation in any regions in the Coalition's jurisdiction.

(2) A full proscription comprises a regional proscription as well as a prohibition on access to off-site resources of the Coalition.

3. Grant of Authority

(1) The Cabinet or the Council on Regional Security may proscribe an individual that is not a member of the Coalition, or a foreign region or organization, that they determine to be hostile. The Cabinet together with the Council on Regional Security may proscribe a member or a group of members that they determine to be hostile.

(2) A proscription must be issued publicly, and be accompanied with a report detailing the hostile acts. All extant proscriptions must be publicly visible at all times.

(3) Upon proscription of a region or organization, any members of the Coalition affected by that proscription will have 7 days to demonstrably renounce their association to the satisfaction of the issuing authority before the proscription is enforced.

(4) The issuing authority of a proscription may revoke it at any time, by issuing to the Assembly a report on why the proscription is no longer necessary to protect regional security. The Assembly may call upon the issuing authority to review an extant proscription, by passing a resolution to that effect by majority vote.

4. Judicial Review

(1) A member of the Coalition subject to a proscription may petition the High Court for judicial review under of the following procedures—
a. The individual may request that the High Court review underlying evidence of intelligence upon which their proscription is based.
b. If under a proscription of a region or organization, the individual may present an appeal that they are not a member of the targeted region or organization.

(2) In conducting a review of an individual proscription, the High Court shall only determine if the issuing authority followed the required process, has a rational basis to their interpretation of evidence and intelligence underlying the proscription, and the issuing authority hasn’t ignored exculpatory evidence.

(3) In conducting a review in which an individual appeals that they are not a member of the targeted region or organization, the High Court shall review evidence provided by the issuing authority and the counter-claims of the individual, and determine if the individual is not a member of the targeted region or organization based upon the preponderance of the evidence.

(4) For the purposes above, the individual must be granted adequate forum permissions to participate in the High Court proceedings for that case.

5. Constitutional Law

(1) The Proscription Act is a constitutional law, and further amendments to it must meet constitutional amendment requirements.  

(This post was last modified: 01-11-2019, 06:16 PM by Nakari.)

Reply

Only issue I have in the wording is that it doesn't address former affiliation with a group and the ability to distance yourself from it. If a person once belonged to a group and "left" it, are they still considered PNG for former alliance? I can see some issues where people who have resided in cretain regions for a long time and never having officially joined the  cause having problems coming here. For example, soemone who has been a citizen in TP for years being labeled NPO solely because  of residence. It's just a matter of time before TWP becomes an issue due to past membership of some of it's gaurdians.

Real-life Girls

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That’s what judicial review is for.


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Legislators are reminded that this is a voting thread. Should you wish to discuss the merits of the proposal further, please do so in the debate thread.

Thank you.

Reply

The vote to repeal and replace the Proscription Act has passed.

The final tally is 27 in favour, 12 in opposition, with 10 abstaining.

A spreadsheet of the vote is attached.

(This post was last modified: 01-12-2019, 07:35 AM by Nakari.)

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