OAM Resolution 28

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OAM

Resolution No. 28

Resolution Number 28
Organ The Council
Date 11th March 2010
Proposed by A1
For 3
Abstention 1
Against 2
Subject Forum rules
Result Adopted

The Question of Forum Rules

The Council;

Noting an absence of formal rules and guidelines for its members to adhere to during formal proceedings;

Recognising that necessity dictates that such procedings [sic] currently be held using the virtual forum and thus that any formal activity on said forum should be considered part of its formal proceedings;

Acknowledging that such rules are necessary for any democratic and deliberative organ of authority;

Affirming that such rules will be adequately and fairly enforced;

Emphasising that such rules not infringe of member nations' right to freedom of speech, nor the right of their delegate or other duly appointed representatives;

1. Decides to implement formal rules of conduct for all delegates to the Council to adhere to;

2. Resolves that these rules shall be binding only during formal proceedings, which shall constitute:

a. Any live session of the Council or another organ of the OAM, plenary or otherwise, attended by delegates 'physically' and in-person
b. Any live sessions of the Council or other organs of the OAM during which communication is facilitated using telecommunications including 'instant messaging' technologies
c. Any session of the Council or other organs of the OAM in which communication is not regarded as being live and is facilitated through the use of the OAM's virtual webforum

3. Affirms that these rules shall not apply to normal bilateral exchanges between member-nations

4. Asserts that the fundamental principles behind the justification and implementation of these rules shall be:

a. The need to create an ordered and structured environment in which the Council and other organs can perform their work
b. The need to ensure that the fundamental rights of all delegates, both in their status as legal persons and as the legitemate diplomatic representatives of their nations, are upheld and defend to a satisfactory standard
c. The need to create an atmosphere in which delegates feel they are on a fundamentally equal footing to their peers and so can perform their duties adequately
d. The need to provide new delegates with a secure work environment in which they can familiarise themselves quickly and easily with the protocols of the Organisation

5. Declares that the fundamental diplomatic and personal rights of delegates for the purposes of this resolution are as follows:

a. The right to be treated with respect and courtesy by other delegates and officials
b. The right to personal and political dignity
c. The right to be free from harassment and persecution at the hands of other delegates and officials
d. The right to be seen as a equal by their peers
e. The right to voice their opinions, feelings and concerns to other delegates and officials to their own satisfaction
f. The right to not be subjected to verbal, textual, virtual or physical abuse by other delegates and officials
g. The right to communicate freely, both in public and private, with other delegates
h. The right to take proper and appropriate action against those who infringe upon these rights
i. The right to appeal against disciplinary action taken against them or their nation

6. Decides that the following general rules of conduct shall be adopted concerning the conduct of delegates during formal proceedings:

a. Delegates shall, at all times, treat one another with the proper respect any foreign representative is entitled to and observe normal diplomatic protocol
b. Delegates shall refrain from using strong expletives (e.g. f**k, s**t, c**p, etc.) and other forms of abusive language
c. Delegates shall not subject other delegates to systematic behaviour that qualifies as harassment, and shall immediately cease any behaviour that is deemed as harassment upon being asked to do so
d. Delegates shall at all times use appropriate language
e. Delegates shall not waste valuable Council time, either through filibustering or other means
f. Delegates shall not attempt to willfully infringe upon the rights of other delegates, or otherwise prevent delegate from exercising their rights
g. Delegates shall not display any kind of physical aggression, or threaten physical aggression, towards another delegate
h. Delegates shall not discriminate against other delegates on the grounds of race or ethnicity, gender or sex, macronationality, religious beliefs, sexual orientation, culture, social class or similar associated factors for discrimination and shall at no time encourage or otherwise promote discrimination on these grounds
i. Delegates shall not attempt to willfully force another delegate into a situation where they feel obligated to violate a standing rule
j. Delegates shall not attempt to subvert, or encourage the violation of, any of these rules

7. Recognises the need for further specific rules pertaining to the mode of communication detailed under section 3.c of this resolution

8. Asserts that all general rules shall still apply to the virtual webforum irrespective of additional specific rules and that general rules shall take precedence over specific ones in all cases

9. Decides to adopt the following specific rules for the virtual webforum used by the OAM:

a. Delegates registered with the forum shall not post unrelated content in areas designated for specific subjects of discussion or for specific functions of the Organisation
b. Delegates shall not post multiple times without allowing another delegate to speak first upon a topic, or unless the situation clearly demands a new post
c. Delegates shall not stalk the accounts of other delegates
d. Delegates shall not use the private messaging system as a tool for harassment or abuse of other delegates

10. Decides that a violation of any of these rules shall be deemed as an offence against the OAM's code of conduct for its delegates and that disciplinary action shall be taken against those who commit such offences

11. Decides to establish the following basic principles of disciplinary action

a. That delegates and not nations shall in general be punished for an offence
b. That punishments shall always be fair and appropriate
c. That delegates be given a chance to apologise and correct their behaviour where those directly effected by an offence are content to accept such an apology
d. That disciplinary action shall be taken to an account if more than one delegate representing that nation commits offences
e. That the Council shall have the authority to vote that a nation also be punished if it feels circumstances demand it
f. That offences under Sections 6.g, 6.h and 6.i of this resolution shall be deemed as more serious than an average offence

12. Decides to establish specific measures for disciplinary action as follows

a. A 'Two Yellows make a Red' policy shall be enforced:
i. First Warning [yellow]
ii. Second Warning resulting in a forty-eight hour suspension from the Council [red]
iii. Suspension from the Council for a period of one week [red]
iv. Expulsion from the Council indefinitely [red]
b. Those delegates who violate the provisions of section 6.h of this resolution, in such a way that it is clear the offence was intentional and not incidental, shall be immediately expelled
c. Suspension and expulsion shall also be enforced completely with regards to user accounts of delegates registered to the OAM's virtual webforum

13. Decides to establish an independent appeals process for disciplinary action

a. Members may appeal to the Secretary-General if they believe disciplinary action has been unfairly taken
i. If a majority supports the appeal, the member shall go unpunished
ii. If a majority does not support the appeal, the member shall receive the origional punishment, as stated in sections 12.a, 12.b and 12.c
b. Under no circumstances may a first appeal be rejected
c. Proper measures shall be taken to ensure the appeals process is transparent and easy to begin
d. In recognition of the provisions of section 2.c, an area shall be created on the virtual webforum of the OAM specifically for appeals

14. Grants the Secretary-General the decision-making authority necessary to implement the above rules

a. The Secretary-General and they alone are responsible for the implementation of these rules, unless a resolution is passed by the Council to the contrary

15. Determines to remain seized on the matter.

Notes

Resolution amended by Erusia.