[DRAFT] Reduction of Statelessness

[New Illuve]

OOC: but not necessarily in the nation-state model that this draft assumes and works with....

[Charlotte Ryberg]

For the purpose of this draft the term "nation" or "state", whatever, refers to any entity that has political recognition. From this point, the definition has considered to have passed the crash-test subject to further developemnts: let's finish off testing the section 6 and 7 as below, current revision:

6. PROHIBITS member states from depriving any of their civilian of their nationality/citizenship, so as to render them stateless, for any reason other than:
• Acquirement of nationality or citizenship by misrepresentation or fraud;
• Treason against that member state, unless no other nation is willing to take them in;

7. ENCOURAGES any treaty regarding the transfer of territory (between member states or to a successor member state) to have provisions to prevent statelessness, with respect given to the preceding articles.

I've now put in the fact that that if no other nation is willing to take them in the case of treason, then member states can't deport them. Anything else to tinker with in this part?

[Grays Harbor]

Murray the Ambassadorial Assistant sends a note to the Ambassador from Charlotte Ryberg:

Could you please make available copies of the current, as debated, draft of this proposal, without the strikeouts? I fear Lord Brikkel's vision isn't what it used to be and the silly bugger dignified old gentleman will not wear his spectacles as he should and cannot wade through through the current draft as is.

Thanks

[Charlotte Ryberg]

Got it, Assistant Ambassador Murray, and relegated them into the bloopers unit.

[Serrland]

• A stateless birth on a transport vessel on territory which no nations claim sovereignty to shall amount to a birth in the territory of the member state that gave its flag to that transport vessel

Serrland believes this draft has much promise, but would like some clarification. Does the above quoted clause also refer to births in international airspace? What about a Space Station, for those nations which are futuristic?

Also, while we can see that the Honorable Ambassador has defined a "state" previously in the discussion, Serrland thinks it would be beneficial to include some definition of a "state" within the text of the draft.

[Charlotte Ryberg]

• A stateless birth on a transport vessel on territory which no nations claim sovereignty to shall amount to a birth in the territory of the member state that gave its flag to that transport vessel

Serrland believes this draft has much promise, but would like some clarification. Does the above quoted clause also refer to births in international airspace? What about a Space Station, for those nations which are futuristic?

Also, while we can see that the Honorable Ambassador has defined a "state" previously in the discussion, Serrland thinks it would be beneficial to include some definition of a "state" within the text of the draft.

Although most member states do MT or PMT, I'll suggest a clarification of the said clause to read as:

• A stateless birth on a transport or space vessel on territory which no nations claim sovereignty to (air, sea or space) shall amount to a birth in the territory of the member state that gave its flag to that vessel.

In terms of the definition of a "state", I am concerned that if the definition of a state is self-explanatory, then it would be useless to add a definition for a "state". However, for sake of simplicity, I may consider defining for this resolution only, a "state" as "a sovereign political entity recognised internationally", because if it's on NationStates, then logically speaking it's recognised internationally.

Submitted for your consideration,

[Serrland]

The changes provided look quite satisfactory.

In regards to the request for a definition of a "state," Serrland merely wished to ensure that any definition of "state" includes "internationally recognized." That would, and Serrland is tremendously pleased to see it included in your definition, prevent self-proclaimed states from citing this proposed resolution.

[Charlotte Ryberg]

The changes provided look quite satisfactory.

In regards to the request for a definition of a "state," Serrland merely wished to ensure that any definition of "state" includes "internationally recognized." That would, and Serrland is tremendously pleased to see it included in your definition, prevent self-proclaimed states from citing this proposed resolution.

Yes, I see what you mean honoured ambassador: some member states may have problems about entities that they do not want to recognise (OOC: an that they are not on NationStates) and so it would be wise to have such definition. But: it my be against proposal rules to state that "a state shall be defined as a nation that's active on NationStates". That would be silly.

Both revisions Added.

[Charlotte Ryberg]

Further revisions:

5. ENCOURAGES any treaty regarding the transfer of territory (between member states or to a successor member state) to have provisions to prevent statelessness, with respect given to the preceding articles.

This is being changed to read (not strong enough):

5. CALLS FOR treaties regarding the transfer of territory (between member states or to a successor member state) to include provisions to prevent statelessness, with respect given to this resolution.

4. PROHIBITS member states from depriving any of their civilian of their nationality/citizenship, so as to render them stateless, for any reason other than:
• Acquirement of nationality or citizenship by misrepresentation or fraud;
• Treason against that member state, unless no other nation is willing to take them in;

For consistency and grammar reasons, it shall become:

4. PROHIBITS member states from depriving their civilian(s) of their nationality, so as to render them stateless, for any reason other than:
• Acquirement of nationality or citizenship by misrepresentation or fraud;
• Treason against that member state, unless no other state is willing to take them in;

Numbering has also been fixed but definitions do not get numbering unless anyone wishes for such definitions to have one.

Any more tweaks before I give a first run?

[Sionis Prioratus]

2. DECLARES that for the purpose of assigning nationality:
• A foundling (abandoned child of unknown parentage) shall be presumed to have been born in the member state where it was found, unless there is evidence to prove the true country of the foundling's birth or the nationality of the foundling's parent(s) within three months of said finding;
• A stateless birth on a transport or space vessel on territory which no nations claim sovereignty to (air, sea or space) shall amount to a birth in the territory of the member state that gave its flag to that vessel.
• A child born to a non-stateless mother shall automatically inherit their mother's nationality;

Most Honorable Ambassador, I offer the added language due to concerns such a foundling may grow in a country (being a national of it), growing so immersed in said Nation's culture to the point of impossibility of indissociation; then let us say, in thirty or forty or one-hundred years later, due to some DNA test (and political retribution? not a faraway scenario) finding said person was beyond any doubt not born to a national, said person being stripped of her/his cherished nationality and identity.

Nationality, and the feeling of being a National means nothing if such nationality has always a sword hanging over it.

I also share Dr. Castro's serious concerns on overriding National laws on jus soli versus jus sanguinis.

But I'm afraid the third paragraph is altogether illegal due to an impermissible gender discrimination (mothers/women); why are mothers more important than fathers? And what if said child has two mothers? Or two fathers? Surrogacy issues? The devil is in the details. And the CoCR is crystal clear about this.

And please, resurrect the Convention on Emigration. These two pieces of legislation are so complementary as yin and yang.

Yours very truly,

[Charlotte Ryberg]

Honoured ambassador Adrian de Saint-Clair, I assume that the last part of section two are stepping over the line of jus soli versus jus sanguinis.The third bit should go then, as follows:

2. DECLARES that for the purpose of assigning nationality:
• A foundling (abandoned child of unknown parentage) shall be presumed to have been born in the member state where it was found, unless there is evidence to prove the true country of the foundling's birth or the nationality of the foundling's parent(s) within three months of said finding;
• A stateless birth on a transport or space vessel on territory which no nations claim sovereignty to (air, sea or space) shall amount to a birth in the territory of the member state that gave its flag to that vessel.

What do you think?

Oh, and this emigration thing. If Honoured ambassador Dr. Castro still suggests merger then I am happy to make this table host to the merged draft.

Submitted for consideration,

[Sionis Prioratus]

What do you think?

Fine and good, Hon. Delegate. Thank Your Honor for addressing my concerns.

Oh, and this emigration thing. If Honoured ambassador Dr. Castro still suggests merger then I am happy to make this table host to the merged draft.

If Your Honor can keep it under 3500 chars., and not compromise the quality of the text (what about the preambles?), I say go for it! But I still think two laws would be more adequate. But if Your Honor can draft a quality text under 3500, it is fine and good.

Yours truly,

[Charlotte Ryberg]

OBSERVING that a person may become stateless for reasons such as: birth on territory where no nations claim sovereignty over it, belonging to a group which is denied nationality in the country they were born in, or having nationality of a country that ceased to exist without any successor state;

CONCERNED that statelessness causes many problems to both member states and stateless persons in respect of: civil rights, the automatic right of return, immigration, and criminal deportation;

SEEKING to resolve such issues by reducing statelessness, by affording the right of nationality to all inhabitants in member states;

It may be required to shorten it to accommodate this as, at the current count, it is 2671 characters long. Then to tackle the jus soli issue, there needs to be a provision in which all persons are entitled to a nationality under section 1, but allowing for member states to determine procedures for formally acquiring such status (in the case of our country, a birth here is all that is needed to get nationality and eligibility for citizenship, although we recognise that other may have stringent policies.

Let's try the following:

OBSERVING that a person may become stateless for reasons such as: birth on territory where no nations claim sovereignty over it, belonging to a group who are denied nationality in the country they were born in, or having nationality of a nation that ceased to exist without a successor nation(s);

CONCERNED that statelessness causes problems to both member states and stateless persons in respect of: automatic right of return, immigration, and criminal deportation;

SEEKING to reducing statelessness, by affording the right of nationality to all inhabitants in member states;

and adding this, maybe:

ALLOWS for member states to determine the criteria for the acquirement of nationality and citizenship, provided that such criterion is in good faith compliance with the clauses and intents of this resolution.

Section 1 may also be appended with "regardless of their status (e.g: disability, gender, sexuality, ethnicity or belief)"

What do you think before adding these in?

Submitted for consideration,