The original proposal and debate is here:
viewtopic.php?f=10&t=527898
Major changes from the last draft:
- There is no longer an exclusion for refugees (originally the intention was to exclude anyone who seeks asylum elsewhere from then seeking assistance from their home state, but the drafting ended up covering all refugees and not just asylum seekers) - I am prepared to accept the argument that removal of the entire clause makes sense since any WA state where people need to flee from is unlikely to be in a position to offer (or want to offer) much assistance anyway;
- Dual citizens of a host state and a home state (as defined in the resolution) are no longer excluded - the host state is compelled to entertain the home state. Previously the host state was exempt and in effect permitted to assert jurisdiction if it does not recognize dual citizenship (this is also in "dual citizenship arrangements" which passed in GA#695). There's also a removal on "nationals etc" because of #695 plus previous resolutions on reducing statelessness.
- There is no longer any mention of medical assistance as it made the resolution look like a government-run travel insurance/emergency medical evacuation service scheme.
For simplicity reasons, the state where the citizen is from is called "home" and the state where the citizen is seeking help is called "host". This carries from GA#164. Note that the "home state" is required to offer assistance where possible if it is a "home state", but the "host state" does not have to be a WA state (ie if the host state is a non-WA state and decides that it does not want to help, we can't enforce anything). However, the "host state" cannot impede a home state from offering assistance if the "host state" is a WA state.
The line "seek the repatriation of citizen(s) to serve their sentences in the home state rather than in the host state" has been removed given this has been separated into a new resolution, here:
viewtopic.php?f=9&t=541573
GA#164 will still be repealed if this resolution passes on the grounds of redundancy.
Category: civil rights/mild (GA164 was human rights/mild)
Submitted version
The World Assembly (WA);
Noting that travelers abroad may sometimes need assistance due to unforeseen circumstances;
Desiring better assistance that may be offered to them by their home states;
Hereby:
- Defines:
- Citizen(s) to mean individual(s) holding valid citizenship in a home state;
- Home state to mean the WA state where the citizen has citizenship;
- Host state to mean the state where the home state's citizen is located at the time assistance is sought;
- Mission to mean a diplomatic mission of a WA state and mission staff to mean accredited representatives of that state;
- State to mean any state and WA state to mean a member of the WA;
- WACC to mean the WA Compliance Commission;
- Requires a home state, if it receives a request from a citizen, to offer assistance on the following:
- Any adoptions of children from the host state, and for migration, subject to extant resolutions;
- Issuing any identity documents needed from time to time, such as emergency passports;
- Any repatriations in an emergency if a citizen lacks the means to do so, including:
- Issuing temporary travel documents and assist in exiting the host state, if required;
- Arranging for transit to return to the home state, if needed;
- Repatriating a citizen to the home state if that citizen dies in the host state, if a prior wish for repatriation had been expressed or at the request of the deceased's next of kin;
- Requires a home state, if a citizen is accused of a criminal offence in the host state, to offer assistance on the following matters:
- Provide guidance on the legal process of the host state;
- Arrange for competent legal advice or representation for the citizen, if such services are not provided by the host state;
- Attend the judicial proceedings of the citizen to the maximum extent permitted;
- Assist in providing mental health, translation and interpreting services, if such services are not provided by the host state;
- Provide reasonable financial assistance for legal and other expenses if the home state deems fit;
- From time to time (and with reasonable frequency, if requested by the citizen) have its mission staff meet with the citizen in a setting with sufficient levels of privacy, in order to offer or to render support;
- Requires a home state to promptly offer assistance on the following matters, in addition to the assistance offered in clause 4, if a citizen of the home state is detained by the authorities of the host state, or is convicted of a criminal offence and incarcerated in the host state;
- Provide guidance on means for appeal(s) or seek other judicial relief;
- Facilitate visits by family members of the citizens to the host state to visit the detained citizen;
- Increased mental, visitation and other support to and for the citizen as the mission deems fit;
- Requires a home state, if it has no mission(s) in a host state, to:
- Request the help of another WA state ("assisting state") that has a mission in the host state in offering the said assistance and any other assistance it may request;
- Require that the assisting state not decline such request(s) from the home state making such request(s), so long as:
- The home state fully indemnifies the assisting state for all the costs incurred; and
- The assisting state deems itself capable of offering such assistance;
- Requires a home state:
- Not to revoke citizenship on its own citizens on the grounds of the said citizen seeking assistance under this resolution;
- Make all offers of assistance promptly and to the fullest extent possible, given its own capabilities;
- Requires the host state, if it is a WA state, to:
- Fully cooperate with the home state(s) in the rendering of all assistance as defined in this resolution;
- Not entice or coerce someone to not seek assistance from their home state;
- Not object to the citizen that is both a citizen of the host state and the home state to request assistance from a home state, or the home state to render assistance to the citizen, subject to extant resolutions;
- Clarifies:
- This resolution does not regulate whether a home state decides to extend consular protection to residents of that state that are not citizens of that state;
- A citizen may voluntarily decline any assistance offered for any reason if so desired;
- In case of disputes between WA states over this resolution, WACC shall have jurisdiction on a de novo basis.
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