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[PASSED] Reducing Statelessness

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Imperium Anglorum
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[PASSED] Reducing Statelessness

Postby Imperium Anglorum » Mon Nov 16, 2015 6:49 pm

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Reducing Statelessness
Category: Human Rights | Strength: Mild



Aware that people have been deprived of their citizenship by unscrupulous states to prevent them from exercising their societally guaranteed political rights,

Believing that this unjustly prevents people from exercising those rights to which they are rightfully entailed, and

This august World Assembly hereby:

  1. Prohibits nations from depriving a national of their nationality should such an action leave that national stateless; mandates that no national will be deprived of their nationality without the due process of law;

  2. Expands the remit of the Global Emigration, Security, Travel And Passport Organisation, hereafter referred as the Passport Organisation, to include the issuance of World Assembly identification documents and passports to the former nationals of member states who have been deprived of their nationality by their government;

  3. Determines that nations are to recognise passports verifiably and legitimately issued by both other member nations and by constituted World Assembly agencies as valid passports; reminds member nations that no mandates are here imposed on the nature of their border controls; and

  4. Requires that these passports follow the Passport Organisation's international norms on the standards for security and identification in all internationally recognised passports.

Just an idea I've been running around in my head for some time now.

Category: Human Rights
Strength: Mild

Aware that people have been unjustly deprived of their citizenship in nations to prevent their migration by unscrupulous states,

Concerned that this may prevent their movement abroad due to a lack of identification documents, and

Cognisant of security implications from this change and reminding member nations that this creates no World Assembly mandates to change internal security or border control policies on visas and immigration,

This august World Assembly hereby:

  1. Determines that member nations are to recognise passports verifiably and legitimately issued by both other member nations and by the World Assembly as valid passports under their own domestic legislation;

  2. Reminds member nations that no mandates are here imposed on internal security or border controls relating to visas and immigration;

  3. Expands the remit of the Global Emigration, Security, Travel And Passport Organisation, hereafter referred as the Passport Organisation, to include the issuance of passports by the WA to persons who have been deprived of their citizenship by their governments;

  4. Requires that these passports follow international norms set by the Passport Organisation on the standards for security and required identification in passports.

EDIT: Some changes to wording. Reformatting.
Last edited by Wrapper on Mon Oct 24, 2016 9:56 am, edited 20 times in total.
Reason: MODEDIT: Passed.

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The Silver Sentinel
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Postby The Silver Sentinel » Mon Nov 16, 2015 7:01 pm

to include the issuance of passports by the WA to persons who have been deprived of their citizenship by their governments;


Illegal. The WA doesn't affect individuals, it affects governments.

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Postby Separatist Peoples » Mon Nov 16, 2015 7:05 pm

OOC: I'll have to check, but isn't it already illegal to deprive WA members citizens of citizenship without their having a replacement citizenship ready? Or am I thinking of real world laws again?

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Postby Tinfect » Mon Nov 16, 2015 7:16 pm

Separatist Peoples wrote:OOC: I'll have to check, but isn't it already illegal to deprive WA members citizens of citizenship without their having a replacement citizenship ready? Or am I thinking of real world laws again?


OOC:
A quick trawl through Kenny's Passed Resolutions List doesn't reveal anything, though, I could've sworn we had something dealing with stateless individuals at one point.
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The Silver Sentinel
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Postby The Silver Sentinel » Mon Nov 16, 2015 7:16 pm

Separatist Peoples wrote:OOC: I'll have to check, but isn't it already illegal to deprive WA members citizens of citizenship without their having a replacement citizenship ready? Or am I thinking of real world laws again?

Wouldn't matter. If they are deprived of their citizenship, they in effect become refugee's and Refugee Protection would apply making this whole mess illegal for duplication. 8)

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Postby Imperium Anglorum » Mon Nov 16, 2015 7:27 pm

The Silver Sentinel wrote:
Separatist Peoples wrote:OOC: I'll have to check, but isn't it already illegal to deprive WA members citizens of citizenship without their having a replacement citizenship ready? Or am I thinking of real world laws again?

Wouldn't matter. If they are deprived of their citizenship, they in effect become refugee's and Refugee Protection would apply making this whole mess illegal for duplication. 8)

Huh. I didn't know that talking about refugees again meant duplication, especially when the resolution speaks about refugees from an entirely different perspective as the proposal. Just goes to show how far vendettas go, eh?

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The Silver Sentinel
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Postby The Silver Sentinel » Mon Nov 16, 2015 7:36 pm

Imperium Anglorum wrote:
The Silver Sentinel wrote:Wouldn't matter. If they are deprived of their citizenship, they in effect become refugee's and Refugee Protection would apply making this whole mess illegal for duplication. 8)

Huh. I didn't know that talking about refugees again meant duplication, especially when the resolution speaks about refugees from an entirely different perspective as the proposal. Just goes to show how far vendettas go, eh?

Yeah, yours is particularly strong for some reason. Duplication on the other hand is still illegal under the current rule set.

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Imperium Anglorum
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Postby Imperium Anglorum » Mon Nov 16, 2015 8:11 pm

The Silver Sentinel wrote:
Imperium Anglorum wrote:Huh. I didn't know that talking about refugees again meant duplication, especially when the resolution speaks about refugees from an entirely different perspective as the proposal. Just goes to show how far vendettas go, eh?

Yeah, yours is particularly strong for some reason. Duplication on the other hand is still illegal under the current rule set.

Huh. Talking about different subjects entirely is also duplication too? Reality distortion must be pretty strong when vendettas are involved.

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The Silver Sentinel
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Postby The Silver Sentinel » Mon Nov 16, 2015 8:29 pm

Imperium Anglorum wrote:
The Silver Sentinel wrote:Yeah, yours is particularly strong for some reason. Duplication on the other hand is still illegal under the current rule set.

Huh. Talking about different subjects entirely is also duplication too? Reality distortion must be pretty strong when vendettas are involved.

How is it a different subject?

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Imperium Anglorum
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Postby Imperium Anglorum » Mon Nov 16, 2015 8:59 pm

The Silver Sentinel wrote:
Imperium Anglorum wrote:Huh. Talking about different subjects entirely is also duplication too? Reality distortion must be pretty strong when vendettas are involved.

How is it a different subject?

Passports for Stateless Persons ≠ legislation on 'any person who is for any reason outside the country of their nationality and cannot avail themselves of the protection of their country of nationality'. This isn't hard.

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Normlpeople
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Postby Normlpeople » Mon Nov 16, 2015 9:02 pm

OOC: The direct reference to 279 doesn't pass my house of cards sniff test. Just remove it...

IC: "Somewhat curious" Clover said "If one is stripped of citizenship, and therefore no longer a citizen, how are they emigrating from anywhere? In fact, one could make the point that the nation they are in is perfectly within thier rights to remove them.

I see a potential nightmare involved in the background checks and paperwork as well. Overall, I would agree that refugee protection would apply here, as well as various nations immigration policies."
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Postby Imperium Anglorum » Mon Nov 16, 2015 9:06 pm

Normlpeople wrote:OOC: The direct reference to 279 doesn't pass my house of cards sniff test. Just remove it...

I can see that being an issue.

Normlpeople wrote:IC: "Somewhat curious" Clover said "If one is stripped of citizenship, and therefore no longer a citizen, how are they emigrating from anywhere? In fact, one could make the point that the nation they are in is perfectly within thier rights to remove them.

Parsons: Hmm... Interesting. The main point is what happens if a nation refuses to remove them but does not provide any travel documentation such that no other nation will then allow them in? Emigration is a problematic word. I'll be using migration.

Normlpeople wrote:I see a potential nightmare involved in the background checks and paperwork as well. Overall, I would agree that refugee protection would apply here, as well as various nations immigration policies."

All of them would apply. Yet, they would apply in a manner which is not overlapping. Refugee Protection would determine the manner in which states determine their movement. Immigration policies would also determine that in hand with Refugee Protection. This, if passed, would deal with the intrinsic trouble of travelling abroad.

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Postby Bears Armed » Tue Nov 17, 2015 10:31 am

OOC: it's 'Nationality', not 'Citizenship', the two terms aren't automatically identical in the case of every nation's laws, because 'Citizenship' has greater implications than 'Nationality' in terms of political rights.
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Postby Bananaistan » Tue Nov 17, 2015 12:22 pm

"As it stands, the People's Republic of Bananaistan simply couldn't agree with giving a WA committee the power to issue passports.

"Aside from that, I can't see that the proposal actually does anything? What exactly does recognising a passport under section 1 entail? It seems to us that there is a significant difference between recognising a passport as a valid passport and permitting entry or enforcing deportation."

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The Greater Holy Roman Empire III
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Postby The Greater Holy Roman Empire III » Tue Nov 17, 2015 12:25 pm

interesting

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Imperium Anglorum
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Postby Imperium Anglorum » Tue Nov 17, 2015 12:46 pm

Bananaistan wrote:"As it stands, the People's Republic of Bananaistan simply couldn't agree with giving a WA committee the power to issue passports.

Parsons: Why not?

Bananaistan wrote:"Aside from that, I can't see that the proposal actually does anything? What exactly does recognising a passport under section 1 entail? It seems to us that there is a significant difference between recognising a passport as a valid passport and permitting entry or enforcing deportation."

Parsons: Well, § 1 has to do with your own government's failure to agree with the WA committee's passports!

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Postby Separatist Peoples » Tue Nov 17, 2015 1:02 pm

"While I don't share the Sentinal's vitriol, I do wonder how a stateless person is functionally different than a refugee, considering a stateless individual fits the definition of one who cannot avail themselves of their nation's consulate. It would seem that the stateless would be, under current law, refugees."
Last edited by Separatist Peoples on Tue Nov 17, 2015 1:02 pm, edited 1 time in total.

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Postby Bananaistan » Tue Nov 17, 2015 1:09 pm

Imperium Anglorum wrote:
Bananaistan wrote:"As it stands, the People's Republic of Bananaistan simply couldn't agree with giving a WA committee the power to issue passports.

Parsons: Why not?

"A passport is more than just a travel document. It is a symbol of the sovereignty of a nation, that nation's membership in the community of nations, the holder's citizenship of that nation and their membership of society in that nation. The issuance of this symbol is a key characteristic of sovereignty. We couldn't support extending this concept to the WA."

Bananaistan wrote:"Aside from that, I can't see that the proposal actually does anything? What exactly does recognising a passport under section 1 entail? It seems to us that there is a significant difference between recognising a passport as a valid passport and permitting entry or enforcing deportation."

Parsons: Well, § 1 has to do with your own government's failure to agree with the WA committee's passports!


"This doesn't explain what the tangible effects of recognition of a passport as a valid passport are though. Let's say a traveller rocks up to a customs point and shows his passport. The customs officer is obliged to agree that he holds a valid passport. Then what?

"If it's the case that we're talking about the more wooly diplomatic recognition by one state of another, we wouldn't be opposed to forcing all member states of the WA to recognise all other member states. But if it remains the case that the WA committee could issues passports, we're back to our opposition to same."

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Postby Wallenburg » Tue Nov 17, 2015 1:38 pm

"I have some reservations about this proposal, but I shall most likely support it."
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Postby The Silver Sentinel » Tue Nov 17, 2015 7:08 pm

Bananaistan wrote:A passport is more than just a travel document. It is a symbol of the sovereignty of a nation

If this if this were to pass, persons with WA issued passports would effectually become citizens of the WA, which would be metagaming.

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Postby Wallenburg » Tue Nov 17, 2015 7:11 pm

The Silver Sentinel wrote:
Bananaistan wrote:A passport is more than just a travel document. It is a symbol of the sovereignty of a nation

If this if this were to pass, persons with WA issued passports would effectually become citizens of the WA, which would be metagaming.

Mallorea and Riva wrote:Metagaming

The General Assembly is a roleplay legislative body within the NationStates world. GA proposals must be in-character, and they cannot break the "fourth wall." In other words, they cannot refer to NationStates as a game, attempt to change how any aspect of the game or its forums functions, or impact any other events external to the GA. Legislation is limited in scope, exerting a statistical effect only on the nations that are WA members.

No, not really.
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Postby Imperium Anglorum » Tue Nov 17, 2015 7:15 pm

Bananaistan wrote:
Imperium Anglorum wrote:Parsons: Why not?

"A passport is more than just a travel document. It is a symbol of the sovereignty of a nation, that nation's membership in the community of nations, the holder's citizenship of that nation and their membership of society in that nation. The issuance of this symbol is a key characteristic of sovereignty. We couldn't support extending this concept to the WA."

Talking about passports always felt to me more helpful than talking about 'emergency travel and identification papers' (OOC: eTips, the cousin of Qtips!). If that need be clarified, that can be done.

Bananaistan wrote:
Parsons: Well, § 1 has to do with your own government's failure to agree with the WA committee's passports!

"This doesn't explain what the tangible effects of recognition of a passport as a valid passport are though. Let's say a traveller rocks up to a customs point and shows his passport. The customs officer is obliged to agree that he holds a valid passport. Then what?

Then the traveller falls under the restrictions placed by domestic laws on travellers, including entry requirements. This proposal attempts to solve the problems caused by states stripping citizenship and thereby refusing to issue passports.

Bananaistan wrote:"If it's the case that we're talking about the more wooly diplomatic recognition by one state of another, we wouldn't be opposed to forcing all member states of the WA to recognise all other member states. But if it remains the case that the WA committee could issues passports, we're back to our opposition to same."

Then, I guess, we'll have to stop calling them passports, aren't we?

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Postby The Silver Sentinel » Tue Nov 17, 2015 7:20 pm

Wallenburg wrote:
The Silver Sentinel wrote:If this if this were to pass, persons with WA issued passports would effectually become citizens of the WA, which would be metagaming.

Mallorea and Riva wrote:Metagaming

The General Assembly is a roleplay legislative body within the NationStates world. GA proposals must be in-character, and they cannot break the "fourth wall." In other words, they cannot refer to NationStates as a game, attempt to change how any aspect of the game or its forums functions, or impact any other events external to the GA. Legislation is limited in scope, exerting a statistical effect only on the nations that are WA members.

No, not really.

Yes... Really. It would be forcing the WA to legislate upon itself which is metagaming. Trust me, I have already tried it before.

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Postby Wallenburg » Tue Nov 17, 2015 7:33 pm

The Silver Sentinel wrote:
Wallenburg wrote:
No, not really.

Yes... Really. It would be forcing the WA to legislate upon itself which is metagaming. Trust me, I have already tried it before.

Doesn't GAR #2 legislate upon the WA?
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The Silver Sentinel
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Postby The Silver Sentinel » Tue Nov 17, 2015 7:38 pm

Wallenburg wrote:
The Silver Sentinel wrote:Yes... Really. It would be forcing the WA to legislate upon itself which is metagaming. Trust me, I have already tried it before.

Doesn't GAR #2 legislate upon the WA?

Yep it sure does, and that has been argued into the ground. #2 was illegal when it was passed, but Fris used his power as a GM to push it through, as it establishes the rule set as an actual resolution.

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