General Assembly Resolution # 575
A resolution to repeal previously passed legislation.
General Assembly Resolution #130 “Elections and Assistance Act” (Category: Furtherment of Democracy; Strength: Significant) shall be struck out and rendered null and void.
The General Assembly,
Noting that promoting democratic transitions and democracy is a noble goal and is indeed the purpose of this resolution, but
Believing that this resolution, while well intentioned, falls well short in a variety of ways in regards to promoting democratic transitions,
Acknowledges that the encouragement of Article 2, Section 3 is self-defeating in that the lack of mandate on member states to have an independent, even if state-affiliated, body to conduct elections can lead to abuse by interested parties on their favored candidate or sides behalf thus undermining the very principle of free and fair elections and opening up the potential for manipulation of elections through corrupt practices;
Notes that the lack of an explicit mandate to be rid of electoral systems with an in-built disproportionate advantage, as in Article 2, Section 4 allows for the creation of election systems which, while ostensibly fair, do in the end bias some constituency over another and that the lack of a mandate for fair electoral systems here undermines considerably the creation of fair systems as noted in Article 3, Section 2 by the Organization for Election Assistance (hereinafter the OEA) as member nations could conceivably cite obviously flawed systems as fair as there are no mandates to the contrary;
Recognizes that the non-binding nature of Article 3, Section 2 undermines Article 3, Section 3 as while the OEA may assist in the creation of electoral systems, there is no mandate for nations which call on the OEA's assistance to craft fair electoral systems, thus defeating any purpose that the OEAs advisory capacity may have in establishing democratic principles;
Observes that Article 3, Section 4s provisions for voluntary election monitoring, on the proviso that the OEA is asked, is contradicted by Sections 5 and 6 which set up mandatory oversight and monitoring provisions which do not require a nations consent for implementation;
Discerns that Article 3, Section 5s provisions for the monitoring of unfair practices do not provide for an investigatory role, only an oversight one, thus hindering the ability of the OEA to deem elections as free and fair as there is no mechanism to prove definitively that voter fraud, voter intimidation, or vote buying occurred as there is no way for the OEA to effectively gather data except for through non-compliance proceedings;
Sees that reasonable consideration as noted in Article 3, Section 7 is not defined in non-binding OEA vote counts, thus leaving the door open for malign member state actors to potentially disregard the OEAs tally in electoral disputes, thereby throwing earlier mandates for fair conduct into doubt and disrupting any utility that the monitoring powers granted to aforementioned body in Article 3, Section 6 might have in ensuring that "transitioning nations" successfully conduct free and fair elections; and
Noticing these faults with this resolution as a whole and deeming it unsatisfactory;
Hereby repeals GA #130 Elections and Assistance Act.