Proposed Amendments to the Aegis Treaty

[Joy 0]

Subject : Amendment 3 : Proposed modifications to the Aegis Treaty

From : Ambassador Joy Two

To : Aegis Diplomatic Corps

CC : Office of the UFP President, Ambassador Joy Seven, Ambassador Raumuk, Federation Embassies of all Participating Partners, Commanding Officer Aegis.

 

 

Proposed alterations to the Aegis Treaty, replacing the original Federation Amendment 1 and proposed Ferengi alternative, Amendment 2.

 

Amendment 1 is held as insufficient as it proposed a non-peaceful use of the station without explicitly modifying the purposes of the station to allow this.

 

Amendment 2 was sufficient for a specific situation which we believe existed at the time. However, the situation has proven to be so complex and changing that a more flexible arrangement seems advisable. Also, certain misunderstandings of treaty meanings which recently surfaced are addressed, and changes in how legal jurisdictions are applied are made explicit.

 

The proposed modifications...

 

Article 8, Detailed Design and Development, is obsolete, as the station design is complete and the ground complex no longer active.

 

The old article 8 is deleted, to be replaced with...

 

Article 8

Relationship between Civilian Command Authorities and Station Management

 

1. Station Management may not initiate offensive operations or commit acts of war without unanimous consensus of the Participating Partners. Such authorization may be revoked with a two thirds consensus of the Participating Partners.

 

2. Station Management is authorized and expected to assist in the defense of any Participating Partner in the immediate area of Aegis that comes under unprovoked attack, acting in cooperation with the attacked partner. A two thirds consensus of the Participating Partners can revoke this authorization. A two thirds consensus of the Participating Partners is required to restore a revoked authorization of defensive responsibility. This paragraph does not commit the fleets of any Partner to participate in the defense, excepting personnel attached to Aegis.

 

3. A unanimous consensus of Participating Partners is required to allow reconstruction or nation building efforts in a given area of space, and to provide security to states within that area who request it. Such an authorization can be revoked by a two thirds consensus of Participating Partners.

 

4. Station Management is authorized to support and implement commerce protection mission, to suppress piracy and commerce raids, in allied space and in areas where reconstruction and nation building are authorized. Station Management shall cooperate with and seek permission of local powers when performing such operations.

 

5. A two thirds consensus of Participating Partners may set or change the area of operation in which Aegis may operate, and separately set the area of operation for support ships operating under Aegis direction. If the area of operation is changed such that the station must be disassembled and towed under warp over strategic distances, the consensus must be unanimous. Station management, with the consent of the government controlling the space it is operating in, is free to move the station within the defined area of operation. Station management may take the station out of the defined area given a clear and present danger to the station, but must inform the Participating Partners immediately if this becomes necessary.)

 

6. Should a Participating Partner commit an act of war against the Participating Partner in whose territory Aegis currently resides, or if the act of war is directed against the station itself, the aggressor is in temporary default of this agreement, and loses any rights granted by this treaty. Two thirds consensus of the remaining Participating Partners is required to restore the default. The fact of whether an act of war has occurred may be appealed to the interstellar courts. Aegis shall not be used in a hostile fashion against its hosting power, save in self defense. Aegis personnel of any power defaulted due to an act of war may be repatriated to their native territory at the option of the host power.

 

7. While the above paragraphs enable or disable specific actions, this should not be read as to prohibit more specific instructions that might be given by unanimous consensus, and revoked by two thirds consensus. In particular, limitations on areas of operations, rules of engagement, mission types and weapons allowable may be attached to any of the above authorizations.

 

Excepting the conditions and situations described above in Article 8, station management shall avoid participation in conflict, and shall use violence only as a last resort.

 

9. Unless specifically over ridden by authorizations as described above in Article 8, Station Management may not interfere with the normal development of any civilization without the fully informed consent of said civilization.

 

10. For the purposes of Article 8, the Government of the Bajora shall be considered a non-partner, and shall have no voting rights.

Here ends the new Article 8.

 

Article 9(3) Items b and c shall be deleted. Item b requires that elements be reviewed to confirm that they are only suitable for peaceful use. Item c requires special additional permissions for the Cardassian Union to utilize the station, permissions not required by other partners.

 

Article 14(9) “its operation and utilization shall be for the peaceful purposes, in accordance with international law:” shall be truncated to “its operation and utilization shall be in accordance with international law.”

 

Article 1(1) “This Space Station will serve to enhance the scientific, technological, commercial and other uses of space while providing all means possible for the reconstruction of the Cardassian Union.” Changes to “This Space Station will serve to enhance the scientific, technological, commercial and other uses of space while providing means to reconstruct civilization within distressed areas of space.”

 

Article 14(1) Strike “to assist and provide security and material support of the reconstruction of the Cardassian Union.” Replace with “to assist and provide security and material support of the reconstruction of the economically distressed areas of space.”

 

Add Article 14(9). Article 14 shall be read to govern the addition, modification and upgrade of the station hull and major equipment only. The engineering documentation and permissions specified in Article 14 shall not apply to Article 8, or to any other article.

 

Strike the existing article 14(7). Any participating partner acting in violation of Article 14 should be considered in violation of treaty, and would be subject to procedures defined in the modified Article 20.

 

Add Article 20(5). Should parties in conflict be unable to agree on how to resolve disputes as specified in Article 20(4), jurisdiction would be according to interstellar admiralty court system precedents. Should the station be located outside the territory of any participating partner, or should conflict of interest suggest that the local participating power should not have undue influence over the case, the Interstellar Admiralty Court shall resolve legal jurisdiction.

 

Add Article 20(6). Any party alleging major violation of the treaty should file formal diplomatic protest and exhaust procedures specified under Article 20 (1 through 4) before invoking 20(5).

 

Add Article 20(7). Should any power be found in violation or default of treaty, the court with jurisdiction may declare said power to be withdrawn from the treaty, and to impose other appropriate penalties in accordance with international law.

 

Add Article 12(4). The right of access to the station established by Article 12(1) shall not be held to over ride government sovereignty over space under its control, air traffic control directives, or other emergency and safety regulations as per interstellar law.

 

Add Article 12(5). Before positioning the station within any system’s sovereign space, Station Management is authorized and required to negotiate air traffic control authorities satisfactory for both local station and system wide safety and access.

 

Add Article 13(5) Before positioning the station within any system’s sovereign space, Station Management is authorized and required to negotiate frequency interoperation and communication plans consistent with the local system’s protocols.

 

Strike the existing paragraphs 19(1) through 19(4) on Criminal Jurisdiction. Replace the old Article 19 with the following.

 

Article 19(1). Security on board station by default shall be provided by Starfleet. Criminal and contract law shall be under the statutes of the United Federation of Planets.

 

Article 19(2). All sentients on board the station shall be under the protection of the Guaranteed Rights of Sentient Beings.

 

Article 19(3). Accredited and acknowledged non-Federation diplomatic areas and beings within them are exempt from Articles 19(1) and 19(2).

 

Article 19(4). Station Management is authorized to negotiate shore leave exceptions to Article 19(1), such that crew members violating laws on board the station are returned to their ships for discipline. Station Management may also negotiate the presence of Shore Patrol groups from visiting ships to assist Starfleet security in managing their own crews. Such negotiations may be made mutual, such that station personnel visiting local planets or docked ships might also be returned to the station for discipline. It is to be understood that any such exchanges of jurisdiction should be negotiated as courtesies only, and should be withdrawn if abused. Participating Partners with appropriate personnel aboard to handle legal due process may also negotiate with Station Management for jurisdiction over their own personnel.

[Einya trAeolix 0]

OOC: My apologies for being largely gone recently, I shall endeavor to make the Romulan presence more visible.

 

Subject : RE: Amendment 3 : Proposed modifications to the Aegis Treaty

From : Ambassador Einya tr'Aeolix

To : Aegis Diplomatic Corps

CC : Office of the UFP President, Ambassador Joy Two, Ambassador Raumuk, Federation Embassies of all Participating Partners, Commanding Officer Aegis.

 

It is the opinion of my government that the largest portions of the proposed treaty modifications be accepted without issue. However, as one might expect, certain proposed changes are completely unacceptable to my government and will not be approved. We would ask that these sections be modified in the interest of appeasement and international goodwill so that we could come to agreement on language that would be accpetable to all parties.

 

The following sections are in question:

 

Article 19(1). Security on board station by default shall be provided by Starfleet. Criminal and contract law shall be under the statutes of the United Federation of Planets.

 

Article 19(2). All sentients on board the station shall be under the protection of the Guaranteed Rights of Sentient Beings.

 

It is the opinion of the Romulan government that station security should be maintained by an allied force and that a uniform criminal and contract code crafted by the signatory governments and enforced as such as to avoid conflicts of imposed morality by the Federation.

 

Likewise, Article 19(2) is completely unacceptable and the Romulan government cannot abide the Federation morality code being enforced. Romulan citizens aboard the station will not be forced into following a morality code which they do not believe in.

 

I hope that you can understand that these are genuine concerns and that they will be addressed.

Edited January 16, 2009 by Einya trAeolix

[Joy 0]

Subject : RE: Amendment 3 : Proposed modifications to the Aegis Treaty

From : Ambassador Joy Two

To : Ambassador Einya tr'Aeolix

CC : Aegis Diplomatic Corps, Office of the UFP President, Ambassador Joy Two, Ambassador Raumuk, Federation Embassies of all Participating Partners, Commanding Officer Aegis.

 

 

Ambassador

 

Please accept that I take your concerns very seriously. In the spirit of the Federation's Prime Directive, I have no great desire to impose the moral code of one civilization upon another. The intent is of the rewritten Article 19 is to acknowledge and codify the real status quo. For quite some time, Starfleet has been providing the sole security force for the station, and it has been Federation codes which have been in force. The Romulan Empire, and the other "Participating Partners" simply have not reliably provided the legal and security personnel to properly implement the old Article 19. The Federation has had the responsibility for security concerns. It seems necessary and proper that they have the appropriate authority to go with the responsibility.

 

I do not hold the Federation criminal code to be inherently superior to that of any other culture. I suggest it as the default as it is the code known and trained to by the force that has been providing security for some time. The code is also designed as a very bland code, protecting life, rights and property in a way acceptable to the many and highly diverse races of the Federation, favoring no specific race or culture, attempting to as great a degree as possible to conflict with the values of no specific race or culture.

 

And, yes, that is indeed an impossible objective, even within the Federation, let alone without. The attempt is by no means perfect. Still, the legal traditions of the other Participating Partners are based largely on a single culture, a single planet's tradition or values. The Federation's approach at least attempts to avoid tight cultural focus.

 

If there there is another alternative criminal code which you would care to propose, I am quite willing to listen. If there are specific statues in the Federation code which you find objectionable, I am quite willing to listen. If as per the proposed Article 19(4) you wish to negotiate for Romulan personnel to be judged by Romulan traditions, or if you wish Romulan personnel to participate in security operations, this is why Article 19(4) was written as it was.

 

If you wish such arrangements to be permanent, rather than negotiated with Station Management, please propose appropriate wording in addition to or modifying the proposed Article 19(4). I would suggest, however, that if you wish to participate and include the Romulans as having a role in security concerns, that you must accept an obligation to provide the personnel to resolve such concerns on a full time long term basis.

 

I believe, however, you misunderstand the Guarantees. The Guarantees are not best understood as a moral code, but as limitations upon the power of Station Management, Starfleet security and all other station security personnel. The Guarantees do not force individuals to behave according to a moral code, but limit the ability of station authorities to impose a moral or legal codes. They are intended primarily to prevent misuse of power.

 

I am open to discuss legal philosophy with you at length, but the reason I wish to explicitly invoke the Guarantees is to prevent abuses of power by Starfleet such as occurred during Admiral Goram's time as station commander. For example, I do not want searches performed without probable cause, or freedom of movement curtailed without a clear and present danger. If you wish to review the Guarantees, and discuss which you find objectionable, this is entirely acceptable. Still, from the perspective of a Federation security force implementing Federation codes and training, the Guarantees should properly be entirely accepted or entirely voided.

 

I am sorry. We of Mudd are allegedly overly concerned with obeying laws. (Pardon, I am not sure how that statement can be true, but many different organic beings have insisted that this is so.) Other cultures have other value systems. It might be argued that organic beings simply are not designed to obey laws to the degree an Asimov Processor android is. Still, one of my laws is to avoid imposing Federation culture on others. If you wish to find an acceptable middle ground between the presence of rule of law and a lack of imposing specific cultural morality, I am open to discussion.

 

 

Ambassador Joy Two

[Einya trAeolix 0]

Subject : RE: Amendment 3 : Proposed modifications to the Aegis Treaty

From : Ambassador Einya tr'Aeolix

To : Aegis Diplomatic Corps

CC : Office of the UFP President, Ambassador Joy Two, Ambassador Raumuk, Federation Embassies of all Participating Partners, Commanding Officer Aegis.

 

I thank you for your most thoughtful response to my governments concerns.

 

To rebut, however, I would first say that my government proposes a code of accepted "Intergalactic" law that is neutral and not one developed by any single government of the respective signatories.

 

Secondly, my government is willing to commit 500 Romulan Galae troops to the security of the station for at least a ten year period. (A second binding resolution on this matter for you to review is included in this transmission) And we would encourage the other primary signatories to do the same.

 

Thirdly, we continue to oppose the inclusion of any statement that requires adherence to the Federation's so-called 'Guarantees.' If the question is of Starfleet Officers behavior, then this needs to be taken care of by your government. My government will not allow our citizens to be subjected to your code of ethics out of political expediency. For a Romulan, for example, we do not have such notions of limits on the state's power to search a person when the security of the station and/or the Empire is involved. I do hope you will understand that forcing your code on others is simply unacceptable to my government. I believe adopting a more general statement of principals that could be ratified by all parties would be more acceptable.

 

Ambassador Einya tr'Aeolix

[Joy 0]

Subject : RE: Amendment 3 : Proposed modifications to the Aegis Treaty

From : Ambassador Joy Two

To : Aegis Diplomatic Corps

CC : Office of the UFP President, Ambassador Joy Two, Ambassador Raumuk, Federation Embassies of all Participating Partners, Commanding Officer Aegis.

 

Ambassador

 

Thank you for your response. I believe I have a proposal which will answer many of your concerns, but suspect there will be further discussion.

 

The Federation legal system is based upon two tiers. At a high and abstract level, we have the Guarantees, which in one sentence propose all sentients should have a right to life, liberty and property. The Guarantees proper run a few pages, spent mostly defining ‘liberty’ at a high level.

 

The lower tier would be the criminal codes. The Federation has many criminal codes. Each Federation member species, planet and even local areas within a planet might have their own code which in its own way protects life, liberty and property. The code I proposed using was created for Federation space stations with civilian use, but it is only one of many criminal codes in force throughout the Federation.

 

I found a similar code, the Raccin Convention, based on a single tier, that was established by a confederation of traders, adapted for use on board stations in a given area. While the trade association is long defunct, the code (much modified) is still in use today. This code has no abstract level defining rights. It is simply a criminal code, though as it was created by a trade association, it has a greater emphasis on property rights than most such codes.

 

The Federation has had no difficulties operating with this code, and issues no special warnings to its citizens traveling through stations that use the Raccin Convention. Still, while this code has no explicit listing of rights, in order to be acceptable to the trade partners of the original stations, the code was designed to give many of the same privileges and immunities to the trade partners as Federation citizens expect. While there is no explicit freedom of religion, there are no statutes forbidding blasphemy or worshiping any god or using any tradition. While there is no right to privacy, there are laws against trespass and illegal search. While there is no right to property, there are laws against theft.

 

Thus, while the code does not explicitly list rights, it protect thems. I could in good conscience welcome Federation citizens on board a station running the Raccin Conventions, even if the Guarantees are not explicitly stated.

 

I note one specific sentence in your prior note. “For a Romulan, for example, we do not have such notions of limits on the state's power to search a person when the security of the station and/or the Empire is involved.” The Federation has a concept of “Clear and Present Danger,” which roughly corresponds to the standard you listed above. Our tradition and legal precedent includes a combined customs and security search as objects are brought aboard station, with additional searches allowed in areas deemed critical or of military interest. However, searches of individuals in public areas or of private quarters require ‘probable cause.’ One cannot search arbitrarily without reason. This Federation standard has proved itself quite adequate and functional, both on Aegis in the past, and on many other stations. The Raccin Convention proposes a similar standard, not too different from the Federation’s.

 

I am concerned that Federation citizens at a deep core emotional and values level expect their rights to be respected. I can understand Romulan ideological or philosophical disagreement with the concept of ‘rights,’ which might be no less emotional and value driven. It may be that our value systems are at core incompatible, which is not uncommon in situations such as this.

 

In which case it might be prudent to work at a specific practical level. If Romulans join the Aegis security forces, what specific Guaranteed rights of Federation citizens might they consider prudent and proper to violate? In what ways, if any, do you intend to disrespect life, liberty or property? Legalities aside, you will create grand political and public relations nightmares if this issue isn’t handled properly. Specifically, what do you wish to do to Federation citizens which would be illegal under Federation law? Why do you wish to do so?

 

I do welcome your offer of forces to contribute to security. While I am not familiar with the traditional size of the Aegis security force, it seems to me that 500 would be a larger force than has been traditional for internal security?

 

Mind you, I suspect we will be authorized to provide security and perform nation building tasks over some part of Breen space. There are also external threats to the station, as well as internal ones. It might be that there will be good use for such a large force, assuming they might be used for tasks other than internal policing.

 

I suggest when the mission authorizations arrive and the new command staff settles in, we should continue the discussion of security force size and mission. I feel confident station commander Drankum will have an opinion.

 

Ambassador Joy Two.

[Joy 0]

Subject : Amendment 3 : Proposed modifications to the Aegis Treaty

From : Ambassador Joy Two

To : Aegis Diplomatic Corps

CC : Office of the UFP President, Ambassador Joy Seven, Ambassador Raumuk, Federation Embassies of all Participating Partners, Commanding Officer Aegis.

 

When sending the original Proposed Amendment 3, one intended proposed changed was not included. The following is proposed in addition to the other Amendment 3 changes.

 

Article 7(2) Modify "overall Space Station operational management and coordination upon completion, except as otherwise provided in this Article; establishment of overall safety requirements and plans; and overall planning for and coordination of the execution of the overall integrated operation of Facility 30218-UKRFCB." to "overall Space Station operational management and coordination upon completion, except as otherwise provided in this Article; establishment of overall safety requirements and plans; overall planning for and coordination of the execution of the overall integrated operation of Facility, weapons release authority, station navigation authority, and security force coordination of 30218-UKRFCB. The overall space station manager shall be senior in the chain of command to all military personnel assigned to the station, and have the prerogatives of a captain of a space going vessel."

[Einya trAeolix 0]

Subject : RE: Amendment 3 : Proposed modifications to the Aegis Treaty

From : Ambassador Einya tr'Aeolix

To : Aegis Diplomatic Corps

CC : Office of the UFP President, Ambassador Joy Two, Ambassador Raumuk, Federation Embassies of all Participating Partners, Commanding Officer Aegis.

 

Again many thanks to my esteemed colleague for your thoughtful responses.

 

It is the opinion of my government that the Raccin Convention could be applied and not violate our specific policy requests.

 

On the subject of Romulan augmentation of the security forces of Aegis, my government would like me to clarify several points:

 

1. The total authorization of troop level would be no more than five-hundred at any given time, but that the level could be below that as needed for proper operation of the station. This number would not count against any additional personnel, such as engineers, doctors or scientists that might be dispatched in the future.

 

2. While serving as Station security, officers of the Romulan Star Empire would be deputized under the auspices of Aegis Station Security and be required to follow any and all ethical and professional guidelines required by the legal code they are enforcing. As such they would serve the station first and not be under direct Romulan authority, unless as specified in the Force Commitment Resolution, that they were activated as reserve troops of the Romulan Star Navy, an act requiring seventy-two hours notice and counter signatures from the Station's CO.

 

3. Under the proposal we are making, station authorities would have primary jurisdiction over residents of the station. If, for example, an accused criminal of any of the member governments were to seek lawful refuge on the station, it would be the decision of the advisory council and the station's commanding officer to handle the situation.

 

Forgive us if we're seeming bullheaded on this, but we would remind you that a major failure in the operation of the prior Aegis Agreement was that the station was treated as Federation Property and not a neutral space station operated by the signatory governments. We have no desire to do anything which could be construed as a violation of rights of Federation citizens, on the contrary, we are simply acting in the interest of our own people and their rights.

[Joy 0]

Subject : RE: Amendment 3 : Proposed modifications to the Aegis Treaty

From : Ambassador Joy Two

To : Aegis Diplomatic Corps

CC : Office of the UFP President, Ambassador Joy Seven, Ambassador Raumuk, Federation Embassies of all Participating Partners, Commanding Officer Aegis, Commander James Riley

 

 

Ambassador

 

I very much appreciate your last note, and believe we are essentially in agreement.

 

I suspect you may have to have a discussion with Commander Riley about implementing these ideas. It is possible that he might not be entirely complementary towards the diplomatic corps during this discussion. I personally can agree with you in principle, but you might have to persuade a few others at some point. I suppose we could amend the treaty first, and explain the done deed to Starfleet Security later, but they all have phasers, and at Priority Six I am programmed for self preservation.

 

The following is a rewritten Article 19, with paragraphs one and two altered to reflect our discussions. I altered three somewhat. Paragraph four is slightly changed for clarity, but is not changed in substance. Not all the details we discussed are reflected below, but I believe the outlines are at the correct level for a treaty. I am open to comment and change.

 

Regardless, the new proposed Article 19.

 

Article 19(1). Security on board station by default shall be provided by Starfleet Security, with optional additional deputized security forces provided by other participating partners, working under Starfleet Security's chain of command.

 

Article 19(2). The criminal and commercial contract code enforced shall be the Raccin Conventions.

 

Article 19(3). Accredited and acknowledged diplomatic areas, beings within them, and credentialed diplomatic personnel are exempt from Article 19(2), but diplomatic personnel are subject to persona non grata as per interstellar tradition.

 

Article 19(4). Station Management is authorized to negotiate shore leave exceptions to Article 19(1) and 19(2), such that visiting crew members violating laws on board the station are returned to their own ships for discipline. Station Management may also negotiate the presence of Shore Patrol groups from visiting ships to assist Starfleet security in managing their own crews. Such negotiations may be made mutual, such that station personnel visiting local planets or docked ships might also be returned to the station for discipline. It is to be understood that any such exchanges of jurisdiction should be negotiated as courtesies only, and should be withdrawn if abused. Participating Partners with appropriate personnel aboard to handle legal due process may also negotiate with Station Management for jurisdiction over their own personnel.

 

I do not think you bull headed, or at least no more than myself. As the academic artificial intelligence community is in general agreement that my processor design does not begin to simulate free will, I can hardly call anyone else bull headed.

 

I quite understand the perception of others that the Federation thought the station was their property. The new Section Eight was written to correct the perception, not to mention the reality, to clearly delineate the roles of station management and the civilian command authorities, and to explicitly define the military roles and functions of the station. It was not well done to pretend that the heavily armed Aegis was only for peaceful use.

 

If you have any more thoughts that might help prevent repetition of the prior problems, this would likely be a good time to share them. It would be nice to have the amendment that authorizes movement of the station finalized by the time the movement is complete.

 

Ambassador Joy Two