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[ROUGH DRAFT] Reduction of Statelessness

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Kaboomlandia
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[ROUGH DRAFT] Reduction of Statelessness

Postby Kaboomlandia » Fri Jan 22, 2016 2:31 pm

Reduction of Statelessness

Category: Human Rights | Strength: Mild/Significant | Proposed By: Kaboomlandia


This esteemed World Assembly,

Applauding the work this body has done previously to protect refugees,

Recognizing, though, that many sapient beings have no nationality and thus are not protected by said legislation,

Baffled, however, that no extant resolution exists on the matter of statelessness,

Realizing that several everyday actions are extremely difficult or impossible without a nationality, such as completing financial transactions, travelling across national borders, or obtaining valid identification,

Worried that sapient beings without a nationality could be denied basic rights due to their lack of a nationality,

The World Assembly hereby enacts the following,

  1. "Nationality", for the purposes of this resolution, shall be defined as belonging to a particular state under the normal operation of that state's law.

  2. "Statelessness", for the purposes of this resolution, shall be defined as the lack of any nationality.

  3. "Nation of residence", for the purposes of this resolution, shall be defined as the nation in which the stateless person(s) reside.

  4. This act shall apply to all sapient beings that are stateless as defined by clause 2, except for those facing trial or convicted with crimes against international cooperation.

  5. Should a child be born in a nation where they would otherwise be stateless, or on a ship or airplane flagged to that state, the nation of residence shall be obligated to grant nationality to that person.

  6. Should a stateless person be legally incapable of assuming their birth nationality, and at least one parent held the nationality of the country in which the stateless person resides, the nation of residence shall be obligated to grant nationality.
  7. Member nations may not strip nationality from sapient beings if such an action would render them stateless.
  8. The Global Emigration, Security, Transport, and Passport Organization (GESTAPO) shall be obligated to provide the following to stateless persons within their borders:
    1. Social aid;
    2. Economic assistance;
    3. Legal aid;
    4. Identity documents to allow freedom of movement within the nation of residence; and
    5. Assistance to assimilate or naturalize into the nation of residence or another country of their choosing.
  9. No stateless person shall be expelled from the nation of residence or their property confiscated solely for being stateless. In addition, statelessness may not be prohibited in any member state.

Co-authored by [nation=short]Theoden Sebastian[/nation].


Fairly rough draft, so bear with me here while I refine it. I also have this up in Euro and TNP, so changes seeming to come out of nowhere probably came from there.

[align=center]Reduction of Statelessness[/center]
[center]Category: Human Rights | Strength: Mild/Significant | Proposed By: Kaboomlandia[/center]

This esteemed World Assembly,

Applauding the work this body has done previously to protect refugees,

Recognizing, though, that many sapient beings have no nationality and thus are not protected by said legislation,

Baffled, however, that no extant resolution exists on the matter of statelessness,

Realizing that several everyday actions are extremely difficult or impossible without a nationality, such as completing financial transactions, travelling across national borders, or obtaining valid identification,

Worried that sapient beings without a nationality could be denied basic rights due to their lack of a nationality,

The World Assembly hereby enacts the following,

  1. "Nationality", for the purposes of this resolution, shall be defined as belonging to a particular state under the normal operation of that state's law.
  2. "Statelessness", for the purposes of this resolution, shall be defined as the lack of any nationality.
  3. "State", for the purposes of this resolution, shall be defined as the nation in which the stateless person(s) reside.
  4. This act shall apply to all sapient beings that are stateless as defined by clause 2, except for those facing trial or convicted with crimes against international cooperation.
  5. Should a child be born in a state where they would otherwise be stateless, or on any vehicle flagged to that state, the state shall be obligated to grant nationality to that person.
  6. Should a stateless person be legally incapable of assuming their birth nationality, and at least one parent held the nationality of the country in which the stateless person resides, the state shall be obligated to grant nationality.
  7. The Global Emigration, Security, Transport, and Passport Organization (GESTAPO) shall be obligated to provide the following to stateless persons:
    1. Social aid;
    2. Economic assistance;
    3. Legal aid;
    4. Identity documents to allow freedom of movement within the state; and
    5. Assistance to assimilate or naturalize into the state or another country of their choosing.
  8. No stateless person shall be expelled or their property confiscated solely for being stateless. In addition, statelessness may not be prohibited in any member state.
Co-authored by [nation=short]Theoden Sebastian[/nation].
Last edited by Kaboomlandia on Tue Feb 09, 2016 6:42 pm, edited 6 times in total.
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Bananaistan
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Postby Bananaistan » Fri Jan 22, 2016 3:13 pm

Kaboomlandia wrote:Should a child be born in a nation where they would otherwise be stateless, or on a ship or airplane flagged to that state, the nation of residence shall be obligated to grant nationality to that person.

Should a stateless person be legally incapable of assuming their birth nationality, and at least one parent held the nationality of the country in which the stateless person resides, the nation of residence shall be obligated to grant nationality.

"I'm sure this is a worthy aim but wouldn't this effectively just mean that WA member nations, assuming that no member nations will be going around willy nilly revoking people's citizenship, will end up having to take in people from all sorts of ballsed up non-member nations? Why should we have to grant nationality to people whose parents may simply be passing through our nation, or on a plane registered in Bananaistan? If their home nation revokes their citizenship, why should we have to step in just because they had the "lucky chance" of having been in a WA member nation at that time?

"Non member nations of a certain bent could easily exploit this to the ruination of all member nations.

The Global Emigration, Security, Transport, and Passport Organization (GESTAPO) shall be obligated to provide the following to stateless persons within their borders:


"In any case we wouldn't support any proposal with stupid acronyms. This is a serious business and is not a place for juvenile jokes."

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Sierra Lyricalia
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Postby Sierra Lyricalia » Fri Jan 22, 2016 3:25 pm

Bananaistan wrote:"In any case we wouldn't support any proposal with stupid acronyms. This is a serious business and is not a place for juvenile jokes."

- Mrs Functionary Mary CP Doe


"Then I'm happy to give you directions to put a stop to such jokes - down the hall, second door on the left."

"Substantive proposal review will follow."
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Bananaistan
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Postby Bananaistan » Fri Jan 22, 2016 3:53 pm

Sierra Lyricalia wrote:
Bananaistan wrote:"In any case we wouldn't support any proposal with stupid acronyms. This is a serious business and is not a place for juvenile jokes."

- Mrs Functionary Mary CP Doe


"Then I'm happy to give you directions to put a stop to such jokes - down the hall, second door on the left."

"Substantive proposal review will follow."


OOC: When did this atrocity pass and who allowed it to happen! Perhaps the proposer could start a new committee without a joke acronym?

IC: Ofc I know that it's an existing committee. It's still a joke acronym and we won't support an expansion of its remit.

- Mrs Functionary Mary CP Doe
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Wallenburg
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Postby Wallenburg » Fri Jan 22, 2016 4:11 pm

Kaboomlandia wrote:Realizing that several everyday actions are extremely difficult or impossible without a nationality, such as completing financial transactions, travelling across national borders, or obtaining valid identification,

I am quite confident there are many member states that would institute absolutely no obstructions to the stateless in performing these actions.
Worried that sapient beings without a nationality could be denied basic rights due to their lack of a nationality,

How so? Which rights?
"Nationality", for the purposes of this resolution, shall be defined as belonging to a particular state under the normal operation of that state's law.

Replace "belonging to" with "originating from". The current language makes it sound as if states own their inhabitants as property.
"Statelessness", for the purposes of this resolution, shall be defined as the lack of any nationality.

Unnecessary. This definition is already well-established.
"Nation of residence", for the purposes of this resolution, shall be defined as the nation in which the stateless person(s) reside.

Also unnecessary, for similar reasons.
The Global Emigration, Security, Transport, and Passport Organization (GESTAPO) shall be obligated to provide the following to stateless persons within their borders:
  1. Social aid;
  2. Economic assistance;
  3. Legal aid;
  4. Identity documents to allow freedom of movement within the nation of residence; and
  5. Assistance to assimilate or naturalize into the nation of residence or another country of their choosing.

You do realize this is more aid than most member states grant their own citizens?

Furthermore, your draft uses the words "state" and "nation" as if they are interchangeable. They are not.

You have our very tentative support, Ambassador, but this draft needs serious work.
Last edited by Wallenburg on Fri Jan 22, 2016 4:51 pm, edited 1 time in total.
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Tinfect
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Postby Tinfect » Fri Jan 22, 2016 4:44 pm

Kaboomlandia wrote:Should a child be born in a nation where they would otherwise be stateless, or on a ship or airplane flagged to that state, the nation of residence shall be obligated to grant nationality to that person.


"Absolutely not. The Imperium will not be forced to grant citizenship to any entity, regardless of the circumstances of its birth, or the status of its nationality.
The Imperium is willing to support this proposal, provided a future draft removes the obligation of the Imperium to grant an entity Citizenship."


Bananaistan wrote:Ofc I know that it's an existing committee. It's still a joke acronym and we won't support an expansion of its remit.


"Ambassador, I fail to see anything humorous in the Acronym. The GESTAPO exists to manage Passports and Emigration. It as not as though they are going about rounding up the stateless for detainment."
Last edited by Tinfect on Fri Jan 22, 2016 5:03 pm, edited 3 times in total.
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Wallenburg
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Postby Wallenburg » Fri Jan 22, 2016 4:54 pm

Tinfect wrote:"Absolutely not. The Imperium will not be forced to grant citizenship to any entity, regardless of the circumstances of its birth, or the status of its nationality.
The Imperium is willing to support this proposal, provided a future draft removes the obligation of the Imperium to grant an entity Citizenship."

http://www.differencebetween.net/miscel ... tizenship/
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Tinfect
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Postby Tinfect » Fri Jan 22, 2016 4:56 pm

Wallenburg wrote:
Tinfect wrote:"Absolutely not. The Imperium will not be forced to grant citizenship to any entity, regardless of the circumstances of its birth, or the status of its nationality.
The Imperium is willing to support this proposal, provided a future draft removes the obligation of the Imperium to grant an entity Citizenship."

http://www.differencebetween.net/miscel ... tizenship/


OOC:
Uh...
Oops.

Well, I can still use that to object to this, let me get an edit in.
Edit:
Nevermind. I'll have a proper response to the Proposal when I can think straight.
Last edited by Tinfect on Fri Jan 22, 2016 5:05 pm, edited 2 times in total.
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Postby Vancouvia » Fri Jan 22, 2016 4:57 pm

"Should a child be born in a nation where they would otherwise be stateless, or on a ship or airplane flagged to that state, the nation of residence shall be obligated to grant nationality to that person."

What about spaceships? What if my son is born in a black hole? What if my son is born halfway between two teleportation centers

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Postby Separatist Peoples » Fri Jan 22, 2016 6:23 pm

"We have no desire to grant nationality to those stateless persons who fail to meet our criteria for citizenship. Furthermore, there is no such thing as a "crime against international cooperation. As usual, we remain opposed to measures that effectively force us to accept refugees and wayward souls. What have wayward souls ever done for us? Nothing."

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Postby Normlpeople » Fri Jan 22, 2016 10:10 pm

"This would seem to promote residency tourism as well as seriously hamper states from inforcing immegration standards. This is at first glance however. I will offer more later, but this needs serious work to satisfy concerns that stateless individuals may show up on our doorstep and we would be powerless to do anything but accommodate them."
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Kaboomlandia
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Postby Kaboomlandia » Sat Jan 23, 2016 5:17 am

Alright. On the matter of the committee acronym, it was a source of feedback on the Euro/TNP forums, and is something I'm looking at changing.
Vancouvia wrote:"Should a child be born in a nation where they would otherwise be stateless, or on a ship or airplane flagged to that state, the nation of residence shall be obligated to grant nationality to that person."

What about spaceships? What if my son is born in a black hole? What if my son is born halfway between two teleportation centers

I shall change that to "or on any vehicle flagged to that nation".
Separatist Peoples wrote:"We have no desire to grant nationality to those stateless persons who fail to meet our criteria for citizenship. Furthermore, there is no such thing as a "crime against international cooperation. As usual, we remain opposed to measures that effectively force us to accept refugees and wayward souls. What have wayward souls ever done for us? Nothing."

There's a difference between having no citizenship and no nationality. Having no nationality means said stateless person(s) will be unable to do such things like get ID (no nationality), cross international borders (no passport, which needs nationality), or make a financial transaction (no nationality). Also, of the eight clauses, three of them actually affect member states. #5 means you have to grant nationality to kids. #6 means you have to grant nationality to stateless people under special circumstances. The GESTAPO (or a new committee, if I go that route) is the one providing services to people. Finally, #8 means you can't kick them out solely for being stateless.
Normlpeople wrote:"This would seem to promote residency tourism as well as seriously hamper states from inforcing immegration standards. This is at first glance however. I will offer more later, but this needs serious work to satisfy concerns that stateless individuals may show up on our doorstep and we would be powerless to do anything but accommodate them."

As I said, it's a rough draft.
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Postby Separatist Peoples » Sat Jan 23, 2016 5:47 am

Kaboomlandia wrote:
Separatist Peoples wrote:"We have no desire to grant nationality to those stateless persons who fail to meet our criteria for citizenship. Furthermore, there is no such thing as a "crime against international cooperation. As usual, we remain opposed to measures that effectively force us to accept refugees and wayward souls. What have wayward souls ever done for us? Nothing."

There's a difference between having no citizenship and no nationality. Having no nationality means said stateless person(s) will be unable to do such things like get ID (no nationality), cross international borders (no passport, which needs nationality), or make a financial transaction (no nationality). Also, of the eight clauses, three of them actually affect member states. #5 means you have to grant nationality to kids. #6 means you have to grant nationality to stateless people under special circumstances. The GESTAPO (or a new committee, if I go that route) is the one providing services to people. Finally, #8 means you can't kick them out solely for being stateless


"I know exactly what those clauses do. If nationality can be so easily handed over based on the aircraft or ship's registration, then it can as easily be somebody else's problem to hand over nationality."

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Postby Bears Armed » Sat Jan 23, 2016 5:59 am

Wallenburg wrote:
Tinfect wrote:http://www.differencebetween.net/miscellaneous/difference-between-nationality-and-citizenship/

OOC: That's only talking about one definition of 'nationality', and its definition of 'citizenship' is incorrect.
The word 'nationality' can also be used in a legal sense (rather than just, as that page suggests, to denote birthplace or native culture), with the same basic definition which that page uses for citizenship i.e. "It is a legal status, which means that an individual has been registered with the government in some country."
The difference between 'nationality' and 'citizenship' in that context is that the possession of 'citizenship' confers political rights (to vote, and to run for office if any other criteria required [such as age, or wealth] are met) which 'nationality' in itself doesn't grant. For an example from RL. natives of American Samoa are 'US Nationals' but not 'US Citizens', and the same used to be true for natives of Puerto Rico as well for quite a while although they do now hold US citizenship.
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Postby Herby » Sat Jan 23, 2016 8:52 am

Eh. Okay. I know some people are thinking it, so I'm just going to say it. We've seen numerous drafts out of Kaboomlandia. Forgetting the early ones (it takes us all some time to gain our bearings here) but the past few that were drafted had some merit, got some input, made some progress, then when a challenging issue came up they were dropped. All of them. Why should we spend time on another Kaboomlandia draft if it's just going to wind up on the scrap heap with the rest of them?
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Postby Kaboomlandia » Sat Jan 23, 2016 4:46 pm

Herby wrote:Eh. Okay. I know some people are thinking it, so I'm just going to say it. We've seen numerous drafts out of Kaboomlandia. Forgetting the early ones (it takes us all some time to gain our bearings here) but the past few that were drafted had some merit, got some input, made some progress, then when a challenging issue came up they were dropped. All of them. Why should we spend time on another Kaboomlandia draft if it's just going to wind up on the scrap heap with the rest of them?

Convention on THM isn't dropped, I'm just doing more research on it and considering the unanswered questions. If you're trying to use that as an example...
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Postby Herby » Sat Jan 23, 2016 5:18 pm

Yes I am. Okay, benefit of the doubt for now. Comments later.
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Postby Whovian Tardisia » Sun Jan 24, 2016 4:10 pm

Separatist Peoples wrote:"I know exactly what those clauses do. If nationality can be so easily handed over based on the aircraft or ship's registration, then it can as easily be somebody else's problem to hand over nationality."


I was under the belief that "flagged to" referred to the vehicle's destination, not the nation the vehicle was registered to. For instance, it would make no sense if a child born on a Kaboomlandian plane flying from the CDSP
to Whovian Tardisia was granted Kaboomlandian nationality. It would make more sense to grant them Whovian or Separatist nationality.
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Postby Separatist Peoples » Sun Jan 24, 2016 4:12 pm

Whovian Tardisia wrote:
Separatist Peoples wrote:"I know exactly what those clauses do. If nationality can be so easily handed over based on the aircraft or ship's registration, then it can as easily be somebody else's problem to hand over nationality."


I was under the belief that "flagged to" referred to the vehicle's destination, not the nation the vehicle was registered to. For instance, it would make no sense if a child born on a Kaboomlandian plane flying from the CDSP
to Whovian Tardisia was granted Kaboomlandian nationality. It would make more sense to grant them Whovian or Separatist nationality.


"That would be inconsistent with the principal that a nation's aircraft or ship is an extension of their national jurisdiction."

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Zitrone
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Postby Zitrone » Sun Jan 24, 2016 5:17 pm

Kaboomlandia wrote:
Reduction of Statelessness

Category: Human Rights | Strength: Mild/Significant | Proposed By: Kaboomlandia


This esteemed World Assembly,

Applauding the work this body has done previously to protect refugees,

Recognizing, though, that many sapient beings have no nationality and thus are not protected by said legislation,

Baffled, however, that no extant resolution exists on the matter of statelessness,

Realizing that several everyday actions are extremely difficult or impossible without a nationality, such as completing financial transactions, travelling across national borders, or obtaining valid identification,

Worried that sapient beings without a nationality could be denied basic rights due to their lack of a nationality,

The World Assembly hereby enacts the following,

  1. "Nationality", for the purposes of this resolution, shall be defined as belonging to a particular state under the normal operation of that state's law.

  2. "Statelessness", for the purposes of this resolution, shall be defined as the lack of any nationality.

  3. "Nation of residence", for the purposes of this resolution, shall be defined as the nation in which the stateless person(s) reside.

  4. This act shall apply to all sapient beings that are stateless as defined by clause 2, except for those facing trial or convicted with crimes against international cooperation.

  5. Should a child be born in a nation where they would otherwise be stateless, or on a ship or airplane flagged to that state, the nation of residence shall be obligated to grant nationality to that person.

  6. Should a stateless person be legally incapable of assuming their birth nationality, and at least one parent held the nationality of the country in which the stateless person resides, the nation of residence shall be obligated to grant nationality.

  7. The Global Emigration, Security, Transport, and Passport Organization (GESTAPO) shall be obligated to provide the following to stateless persons within their borders:
    1. Social aid;
    2. Economic assistance;
    3. Legal aid;
    4. Identity documents to allow freedom of movement within the nation of residence; and
    5. Assistance to assimilate or naturalize into the nation of residence or another country of their choosing.
  8. No stateless person shall be expelled from the nation of residence or their property confiscated solely for being stateless. In addition, statelessness may not be prohibited in any member state.

Co-authored by [nation=short]Theoden Sebastian[/nation].


Fairly rough draft, so bear with me here while I refine it. I also have this up in Euro and TNP, so changes seeming to come out of nowhere probably came from there.

[align=center]Reduction of Statelessness[/center]
[center]Category: Human Rights | Strength: Mild/Significant | Proposed By: Kaboomlandia[/center]

This esteemed World Assembly,

Applauding the work this body has done previously to protect refugees,

Recognizing, though, that many sapient beings have no nationality and thus are not protected by said legislation,

Baffled, however, that no extant resolution exists on the matter of statelessness,

Realizing that several everyday actions are extremely difficult or impossible without a nationality, such as completing financial transactions, travelling across national borders, or obtaining valid identification,

Worried that sapient beings without a nationality could be denied basic rights due to their lack of a nationality,

The World Assembly hereby enacts the following,

  1. "Nationality", for the purposes of this resolution, shall be defined as belonging to a particular state under the normal operation of that state's law.
  2. "Statelessness", for the purposes of this resolution, shall be defined as the lack of any nationality.
  3. "State", for the purposes of this resolution, shall be defined as the nation in which the stateless person(s) reside.
  4. This act shall apply to all sapient beings that are stateless as defined by clause 2, except for those facing trial or convicted with crimes against international cooperation.
  5. Should a child be born in a state where they would otherwise be stateless, or on any vehicle flagged to that state, the state shall be obligated to grant nationality to that person.
  6. Should a stateless person be legally incapable of assuming their birth nationality, and at least one parent held the nationality of the country in which the stateless person resides, the state shall be obligated to grant nationality.
  7. The Global Emigration, Security, Transport, and Passport Organization (GESTAPO) shall be obligated to provide the following to stateless persons:
    1. Social aid;
    2. Economic assistance;
    3. Legal aid;
    4. Identity documents to allow freedom of movement within the state; and
    5. Assistance to assimilate or naturalize into the state or another country of their choosing.
  8. No stateless person shall be expelled or their property confiscated solely for being stateless. In addition, statelessness may not be prohibited in any member state.
Co-authored by [nation=short]Theoden Sebastian[/nation].

"Before beginning, I believe the interchanging use of the terms 'nation' and 'state' are unwarranted and confusing, and will proceed acknowledging any mention of 'state' is meant as 'nation'. What you are trying to accomplish, if I am correct, is the guarantee for any sapient being the right to hold citizenship in a nation for the certification of rights traditionally granted to those that belong to a country, belong meaning they are treated as being under the nation's jurisdiction. However, when you specify which rights that 'stateless' persons shall receive, you mention that they are guaranteed
Assistance to assimilate or naturalize into the nation of residence or another country of their choosing.
and in doing so, forego the rights of citizens granted by many nations. Furthermore, what if they just so happen to choose a nation that does not want them? This said nation would have had absolutely nothing to do with this stateless person and yet must grant them citizenship. Of course, I assume this as it appears you are suggesting that the stateless being's decision overrules the desires and needs of another nation, but that is besides the point. Zitrone proposes, in light of overview of this proposal, that nations be granted the right to reject a stateless person that does not immediately fall under their jurisdiction as ascertained by the other clauses of this resolution. As a nation, Zitrone is fully accepting of guaranteed rights for stateless individuals, just not to this extent."
Pro: Social liberalism, progressivism, racial/gender inclusivity, equality of opportunity, republicanism/representative democracy, limited direct democracy, progressive tax structure, LGBT rights, freedom of press, religion, dissent and assembly, separation of church and state, 14th amendment, environmental protection/regulation, sensible business regulation, universal healthcare, affordable higher education, evolutionism, abortion rights

Anti: Fascism, monarchism, autocracy, aristocracy, authoritarianism, oligarchy, social/religious conservatism, reactionarism, nationalism, racism, sexism, extensive government censorship, extensive wealth gap, Republican Party, creationism

User avatar
Whovian Tardisia
Diplomat
 
Posts: 779
Founded: Jun 25, 2015
Ex-Nation

Postby Whovian Tardisia » Sun Jan 24, 2016 7:52 pm

Separatist Peoples wrote:
Whovian Tardisia wrote:
I was under the belief that "flagged to" referred to the vehicle's destination, not the nation the vehicle was registered to. For instance, it would make no sense if a child born on a Kaboomlandian plane flying from the CDSP
to Whovian Tardisia was granted Kaboomlandian nationality. It would make more sense to grant them Whovian or Separatist nationality.


"That would be inconsistent with the principal that a nation's aircraft or ship is an extension of their national jurisdiction."


I was unaware that applied to commercial aircraft. Nevertheless, it seems unfair that in this situation, a Whovian family may now have to wait (in our case) 3 years to obtain citizenship for a child that would have been automatically Whovian if it had been born a few hours later, just because the plane was owned by another nation. I feel that the subject of births in international airspace and waters may be better covered by a separate resolution.
An FT (Class W11) nation capable of space travel, but has never attempted invading another planet. The Space Brigade is for defense only! Also, something happened to Ambassador Pink.
From the desk of Rupert Pink:
The Grand Gallifreyan Republic of Whovian Tardisia
Floor 12, Office 42 of WAHQ
Proud patron of the World Assembly Stranger's Bar.
The Interstellar Cartographers are back! This time, they explore Methuselah.

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Imperium Anglorum
GA Secretariat
 
Posts: 12659
Founded: Aug 26, 2013
Left-Leaning College State

Postby Imperium Anglorum » Wed Jan 27, 2016 10:52 pm

Kaboomlandia wrote:Should a child be born in a nation where they would otherwise be stateless, or on a ship or airplane flagged to that state, the nation of residence shall be obligated to grant nationality to that person.

Parsons: I won't stand for this. Nations should not be forced to grant nationality to anyone.

Kaboomlandia wrote:Should a stateless person be legally incapable of assuming their birth nationality, and at least one parent held the nationality of the country in which the stateless person resides, the nation of residence shall be obligated to grant nationality.

P: What do you mean by 'legally incapable'? Why should the nation of residence be obligated?

Kaboomlandia wrote:The Global Emigration, Security, Transport, and Passport Organization (GESTAPO) shall be obligated to provide the following to stateless persons within their borders:
  1. Social aid;
  2. Economic assistance;
  3. Legal aid;
  4. Identity documents to allow freedom of movement within the nation of residence; and
  5. Assistance to assimilate or naturalize into the nation of residence or another country of their choosing.
[*]No stateless person shall be expelled from the nation of residence or their property confiscated solely for being stateless. In addition, statelessness may not be prohibited in any member state.[/list]

P: Since all of this comes out of our WA donations, why should we pay for it? Why must the WA provide social aid, economic assistance, or other things when it would be significantly easier to solve the root of the problem, governments stripping others of citizenship, rather than dealing with other issues? Depending on the level of assistance, aid, freedom of movement requirements, and forcing of other nations to take them in, people will simply start giving up their citizenship and using this as a way to emigrate to a nation with better economic opportunities, which is unfair both to their original nation and the nation to which they are travelling to.

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User avatar
Normlpeople
Ambassador
 
Posts: 1597
Founded: Apr 25, 2013
Ex-Nation

Postby Normlpeople » Fri Jan 29, 2016 3:42 am

Clover spoke up "I did promise a more thorough criticism. I'd like you to keep in mind that, to me and the Kingdom, there are four types of people:
1) Citizens, Subjects of the Kingdom with the rights and privileges accorded that title
2) Visitors, Those with a valid visa or residency permit, granted the protection of the Kingdom within its borders
3) Refugees, those without citizenship or a visa, who meet the criteria set by the WA. They are not welcome here, but treated well and sent to another nation that will accept them
4) Unwelcome visitors, those who do not fall into the above 3 categories that attempt to enter, or are found, in our nations. They are arrested and deported.

Stateless individuals would fall into one of the 3rd or 4th category. In fact, unless the citizenship was stripped for criminal reasons, I would argue Stateless individuals would be considered refugees, with the protections of several existing resolutions that such a designation provides. Ignoring that..."
Applauding the work this body has done previously to protect refugees,

Recognizing, though, that many sapient beings have no nationality and thus are not protected by said legislation,

Baffled, however, that no extant resolution exists on the matter of statelessness,

"How is this the case? I'd like more clarity as to why you believe this to be the case"

Realizing that several everyday actions are extremely difficult or impossible without a nationality, such as completing financial transactions, travelling across national borders, or obtaining valid identification,

Worried that sapient beings without a nationality could be denied basic rights due to their lack of a nationality,

"If a WA nation allows such a person inside their borders, then they are obliged to offer the same protections as any other individual in their nation."

The World Assembly hereby enacts the following,

"Nationality", for the purposes of this resolution, shall be defined as belonging to a particular state under the normal operation of that state's law.

"Statelessness", for the purposes of this resolution, shall be defined as the lack of any nationality.

"Nation of residence", for the purposes of this resolution, shall be defined as the nation in which the stateless person(s) reside.

This act shall apply to all sapient beings that are stateless as defined by clause 2, except for those facing trial or convicted with crimes against international cooperation.

"Ok, I lied. Since this doesn't cover those charged with or convicted with a crime, then refugee status would apply."

Should a child be born in a nation where they would otherwise be stateless, or on a ship or airplane flagged to that state, the nation of residence shall be obligated to grant nationality to that person.

"Nationality is not citizenship. We do not have issue with listing the Kingdom as a birthplace, we do have issue with granting citizenship to one who will not reside in or contribute to the Kingdom in general. Since we do not recognize dual citizenship, it will lead to legal issues for those who obtain multiple citizenship's for their children, as an example, those on residency permits who obtain citizenship for their original nation of birth in addition to claiming citizenship with us.

We also have serious, and far more issue, with granting people citizenship for giving birth on a plane or ship flagged to us. In our Region, we have the largest coastline and many multi-national cruise lines have registered their ships here. Ships and planes of our nation travel between multiple nations. This could very well lead to being forced to grant citizenship to a nation the child has never seen. A plane registered to the Kingdom, After stopping over, and picking up regional passengers in Bigopia, could have a birth on board over Bigopia on the way to Maxtopia, and would somehow be a citizen of the Kingdom?? If anything, they should force the home nation of the parents to provide citizenship."

Should a stateless person be legally incapable of assuming their birth nationality, and at least one parent held the nationality of the country in which the stateless person resides, the nation of residence shall be obligated to grant nationality.

"So if someone successfully enters the Kingdom illegally, we are obligated to hand over citizenship? The protection, Rights and Privileges of such a status is earned, often after proving oneself to be of a benefit to the Kingdom, and showing loyally required of subjects. It is not handed to those who enter illegally and claim statelessness"

The Global Emigration, Security, Transport, and Passport Organization (GESTAPO) shall be obligated to provide the following to stateless persons within their borders:
Social aid;
Economic assistance;
Legal aid;
Identity documents to allow freedom of movement within the nation of residence; and
Assistance to assimilate or naturalize into the nation of residence or another country of their choosing.

OOC: I think this is stepping over the line, since they have no boarders. It also has them issuing domestic ID, which crosses the line as to what is legal.

i: "Why should we, through WA donations, pay for illegals? I also question as to why this agency is providing domestic ID, instead of my own nation. Lastly, the final part, a country of THEIR choosing? Nations make citizens. People don't get to choose suddenly where they wish to go. I see this whole section being completely abused and wide open for corruption."

No stateless person shall be expelled from the nation of residence or their property confiscated solely for being stateless. In addition, statelessness may not be prohibited in any member state.

"Statelessness may not be. Not being a citizen, and being in a nation illegally, will be a crime in any state with strict enough border controls.

I stand by my initial statement that Statelessness is another form of refugee status. It will be up to you to convince me otherwise."
Words and Opinion of Clover the Clever
Ambassador to the WA for the Armed Kingdom of Normlpeople

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Jarish Inyo
Diplomat
 
Posts: 981
Founded: Jul 09, 2013
Ex-Nation

Postby Jarish Inyo » Fri Jan 29, 2016 5:08 am

What borders does this GESTAPO have that it is obligated to provide the following to stateless persons social aid; economic assistance; legal aid; and identity documents?

Any stateless person found within our country would be expelled from it with little more then what they can carry. Stateless persons would have to had entered our nation illegally to have taken up residency. To enter or take up residency, one must have a valid passport from a recognized nation, not WA issued identification. We do not accept WA issued identification as a valid and secure form of identification.
Ambassador Nameless
Empire of Jaresh Inyo

User avatar
Imperium Anglorum
GA Secretariat
 
Posts: 12659
Founded: Aug 26, 2013
Left-Leaning College State

Postby Imperium Anglorum » Fri Jan 29, 2016 2:50 pm

Jarish Inyo wrote:Any stateless person found within our country would be expelled from it with little more then what they can carry.

Violation of 57 GA § 1 right there, not because you're expelling stateless persons, but because you're expelling any kind of person.
Last edited by Imperium Anglorum on Fri Jan 29, 2016 2:51 pm, edited 1 time in total.

Author: 1 SC and 56+ GA resolutions
Maintainer: GA Passed Resolutions
Developer: Communiqué and InfoEurope
GenSec (24 Dec 2021 –); posts not official unless so indicated
Delegate for Europe
Elsie Mortimer Wellesley
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Twice-commended toxic villainous globalist kittehs

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