The World Assembly

This World Assembly,

Recognizing the fundamental spiritual, historical and social value that cultural artefacts hold in many nations,

Realizing the considerable damage that the illicit trade of cultural artefacts may cause to the cultural heritage of nations from which they are taken,

Disturbed by the emergence of a multinational black market for stolen cultural artefacts, generating a potent source of funding for organized crime and terrorist groups,

Believing in this Assembly’s ability to effectively deter this criminal behavior,

Hereby,

1. Defines:

a. "cultural artefact" as any object which holds an importance for archaeology, prehistory, ethnology, history, literature, art, science, or any other significant cultural value to a current or past society,

b. "stolen cultural artefact" for the purpose of this resolution as any artefact illegally obtained from a country of origin, either through the theft or looting of cultural sites, archaeological grounds or exhibitions, and smuggled abroad with the intent to be distributed through undisclosed channels to patrons for profit,

2. Prohibits the importation of stolen cultural artefacts in all member nations,

3. Instructs a member nation to make intentional participation in the trade of stolen cultural artefacts a serious crime, enforced with effective and proportional sanctions, of which such participation includes:

a. theft or looting of cultural artefacts from archaeological or cultural sites;
b. direct involvement or collaboration in the trafficking of stolen cultural artefacts;
c. knowledgeable sale or acquisition of stolen cultural artefacts;

4. Grants the World Assembly Trust for Cultural Heritage (WATCH) authority over matters involving the illicit trade of cultural artefacts within the WA, which shall include:

a. coordinating with member nations in the identification and tracking of stolen cultural artefacts;
b. promulgating guidelines and strategies to combat the trade of stolen cultural property;
c. supervising repatriation requests between member states for seized stolen artefacts and ensuring the artefact's physical preservation;

5. Obliges a member nation, upon the ratification of this resolution, to return any seized stolen artefact to the state authority of its last legal custodian upon request, barring any significant concerns for the wellbeing of the artefact,

6. Permits a member nation to arbitrate on the legal status of cultural artefacts alleged to be stolen before the ratification of this resolution, subject to extant World Assembly legislation and other binding international agreements,

7. Invites a member nation to create an inventory of cultural artefacts within its nation, which shall include an identification of stolen or missing artefacts, and share this data with other member states and the WATCH,

8. Encourages a member nation to offer specialized training to police and customs services on the domestic enforcement of the provisions in this resolution as advised by the WATCH,

9. Urges all agents in the trade of cultural artefacts, including but not limited to auction houses, art collectors, museums, and other purchasers to require verifiable documentation and undertake proper due diligence before engaging in the trade of cultural artefacts,

10. Clarifies that nothing in this resolution shall be used to adjudge questions over national or cultural ownership of cultural artefacts, nor prevent further legislation on matters involving artefacts removed legally or with the appearance of legality whose ownership is disputed.

Asserting that the most fundamental liberty of sapient individuals, freedom of thought, is rendered toothless without protecting also the outward ability to express said thought,

Contending, therefore, that freedom of expression, it being the manifestation of free thought, also stands among the foremost human rights, entitled unto all sapient creatures from birth,

Concerned especially for political dissidents, whose calls for justice and change have been cracked down on by certain, more sinister regimes,

Noting, however, that there do exist legitimate reasons to curtail free expression in situations where it infringes on other rights, such as the freedom from fraud or defamation, or hinders the peace and good order necessary for the preservation of civil society,

Bemoaning the dictatorial tendencies of those nations who would seek to include harsh limits on peaceful dissent under the banner of legitimate regulation,

Yearning, therefore, to strike a reasonable balance between protecting the right of free expression and permitting member nations to enact rational and well-meaning restrictions thereon,

This most august General Assembly, in the name of asserting the most natural rights of sapient individuals:

1. Defines, for the sake of this resolution, the following terms:

   1. "free expression" as the ability to outwardly demonstrate, articulate, or otherwise express a political, cultural, social, moral, religious, ideological or other belief without fear of state punishment or reprisal,

   2. "defamation" as any exercise of expression which seeks to maliciously injure the reputation of another individual, group, or organisation, on the basis of false information, excluding satire and the critique of public servants in matters pertaining to their role,

2. Permits member nations to enact reasonable restrictions on peaceful free expression in those cases where the expression constitutes:

   1. defamation, as defined in section 1b,

   2. blatant and explicit pornographic material,

   3. an incitement to violence or widespread lawlessness,

   4. a threat to civilian or military health or safety,

   5. perjury or any other threat to the functioning of judicial proceedings,

   6. the leaking of classified information, or other information obtained in confidence, except where the information constitutes evidence of serious wrongdoing and disclosure thereof is clearly in the public interest,

   7. an infringement on private or intellectual property rights,

   8. a violation of prior, unrepealed international legislation,

3. Prohibits member states from hindering the right of individuals to free expression, excepting the restrictions established in section 2, and restrictions required to fulfill the mandates of WA legislation, or restrictions permitted in future, unrepealed WA legislation,

4. Permits member states to enact reasonable restrictions in educational settings in order to better advance the functionality, safety, and effectiveness of the learning environment, presuming said restrictions are the least restrictive means by which to advance that goal,

5. Clarifies that nothing hereinabove shall be interpreted as preventing member nations from reasonably regulating campaign finance,

6. Permits member states to enact reasonable restrictions on the consumption of expression for minors.

Legacy General Assembly Resolution #375 “Crime and Punishment” (Category: Civil Rights; Strength: Significant) shall be struck out and rendered null and void.

The General Assembly,

Lauding the various mandates within "Crime and Punishment" which seek to curb the inhumanities and cruelties associated with the provision of capital punishment in certain, more sinister nations,

Concerned, however, by Clause 1 of the target resolution, which effectively prevents a substantive ban on capital punishment across World Assembly member-states,

Convinced that such a ban would be desirable for the following reasons:

1. the finality of the death penalty prevents the state from correcting any errors made in the legal and conviction processes, thereby inevitably condemning to death certain innocent individuals,

2. a great many individuals facing the death penalty are unable to afford their own attorneys, and are often forced to rely on overburdened public defense mechanisms,

3. any long legal process associated with the death penalty is bound to extend the pain and frustrations of crime victims, rather than provide the closure they need and desire,

4. the predominantly retributive model of justice employed by the death penalty has failed to deter crime in any provable way,

5. permitting the death penalty represents a rejection of the notion that life has intrinsic worth merely by virtue of its existence,

Noting that such a ban has already been drafted and will be proposed in short order following the passage of this repeal,

Seeking, therefore, to empower this Assembly once again to ban the morally problematic, unmerciful, and outdated practice of capital punishment, does hereby repeal General Assembly Resolution #375, "Crime and Punishment."