Apologies for the double post, but this also needs to be addressed (not to you, but in general).
A lot of people have been saying that any resident-rights proposal would make it so that we need a trial for every resident. Let me say this: if this is what this proposal will do, I am against it. Because I agree with those people. It’s impractical. The RMB suffers from spammers every day. From trolls. Having a trial or hearing for every single one of them is impossible and a waste of time.
However, a comprehensive resident-rights proposal does not need a trial for every offense. If we play this smart, we can make it so that the vast majority of offenses that are common to the RMB do not need a trial- including for Citizens. Before anyone reacts with shock, look at this:
— Begin quote from ____
…4.3- All advertisers/recruiters shall be considered to be committing a summary offense, and may face summary punishment from the Delegate, including but not limited to message suppression, ejection, and/or banishment from the East Pacific.
……4.3.1- All residents reserve the right to appeal this punishment to the Conclave.
— End quote
— Begin quote from ____
…4.1- Any nation who becomes an Endorsement Cap Violator shall be “Notified” by a Compliance Officer via an in-game telegram and a mention in an in-game dispatch for at least 3 days before any in-game action is taken.
…
…4.3- The Viziers may temporarily suspend punishment under this Act for no more than fourteen days if the offending nation has proven a willingness to comply with the Cap.
— End quote
And, to a https://www.tapatalk.com/groups/the_east_pacific/review-a-review-for-potential-action-t14782-s15.html#p138580:
— Begin quote from ____
…3.1- Viziers and the Delegate can deny entry or residence to any nation it has deemed a significant risk to the Region.
…3.2- Viziers may override Delegate’s decision.
…3.3- Nations banned or ejected from The East Pacific without having been sentenced by the Conclave to ejection or banishment have the right to seek appeal before Conclave.
— End quote
We have already have the ability to ban the current rendition of Citizens without trial, with the understanding that these bans can be appealed to the Conclave. This concept exists in our law- at the very least in the Endorsement Caps Act. All it takes is an amendment to the RMBRA to make its offenses able to be executed without trial, and suddenly we have a working resident rights system where residents can enjoy the same rights in the justice system as Citizens do, but we don’t sacrifice practicality too much. More serious offenses like “treason” or “voter fraud” or “Award fraud” will be dealt with via trial, but things like spam, harassment, endorsement caps, advertising will be dealt with on the field by ROs, with Conclave appeal being possible.
Now, there is the question of whether this is wanted. Some people worry that these offenses (which used to be called “summary offenses” in TEP law) could lead to the Delegate abusing them. To which I say: this is why we have appeals. This is why we’re a democracy- it is the duty of the citizens to hold the Delegate accountable. If no one can raise a hand to say “this is wrong and doesn’t match the law”, then we are doomed as a region. Democracies cannot survive without accountability. So while I do understand the concerns in that this may bring Citizens to abuse, factually speaking is that so long as we maintain the right to appeal via trial, then Citizens always have a way out. Abuse is also unlikely in the first place, so I think it’s a risk worth taking.
Now, secondly, we need to consider the forum vs game-side divide. How can we get it so that residents, most who don’t give a crap about our forums, can utilize these rights? Or barring that, how can we enable others to appeal/fight on their behalf?
Frankly, I’ll state that the former is impossible. Most residents won’t care about the forums, and some may be unable to use them. We will just have to notify them about their rights when they’re banned or ejected and see if they use them. But the latter option is possible. In that regard, I direct you to the Standing Orders of the Conclave, specifically Standing Orders of Conclave - The East Pacific - Tapatalk, where “Civil Trials” exist, which are “official challenges to government legislation or action by a citizen”. Under both our current system and a resident rights system, Citizens can clearly challenge the government if it abuses a law and falsely bans someone under an untriable offense. So in cases where residents are unable to utilize the forums, any ol’ Citizen/Registered Voter can appeal directly on their behalf.
So in other words, we have the tools, the legal concepts, and the ability to make a region that acts fairly when dealing with all residents. The system I would propose is as follows:
A) We should include somewhere that Citizens (residents in Em’s proposal) can put any government official on trial. What the right to trial means is broad, and it is entirely possible that the COnclave could one day remove the concept of CIvil Trials- so they should be enshrined in the Concordat.
B) Should Em’s proposal pass, we amend the RMBRA to make spam and harrassment bannable offense without trial, but with Conclave trial appeal.
C) Remember that any Citizen can challenge the government in a trial, so worries about abuse of these untrialable offenses is unwarranted if we trust in our region to maintain its democracy.
D) Get rid of hearings. Throw them in the trash. Everyone should get trials only when applicable. Hearings suck. Hearings bad.
Additionally, there may be some concerns with the legality of these untrialable or what used to be called “summary offenses”. Well, we can just amend the Concordat, it isn’t a big deal. They’ve been constitutional before, they can be again.
Sorry for the textwall, but these are my full thoughts on this matter and how I, personally, think we can create a system that actually works.