[ABANDONED] Rights of Refugees

[Jutsa]

"The Allied States of Jutsa has finished drafting a proposal to hopefully replace Resolution 57, and sees to make clear-cut exceptions to help protect both refugees and nations.
We admit that we are uncertain as to how complicated or simple the text is, how many loopholes there are, and how messy the English is, so any help would be appreciated."

OOC: So... I tried making a replacement, and... I have to admit, I almost got lost in the amount of text there is,
so if anyone needs help, I'll probably need help helping you help me.

Part 1: Proposal to repeal 57
Part 2: Legal Process of Refugees
Part 4: Asylum Accord

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Rights of Refugees
Category: Human Rights | Strength: Significant

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The World Assembly,

Recognizing its stance in favor of helping refugees,

Aiming to protect refugees from unjust treatment, deportation, and prosecution,

Hoping to strike a balance by not putting a burden on member nations with refugees whom have not granted them asylum,

The World Assembly hereby enacts the following:

1. Defines:
   
   
   1. "refugee", for the sake of this resolution, as any person who has been displaced from their country in order to escape persecution, violence, war, unjust prosecution, or disaster, and is neither an objective threat to national or international security unless granted asylum nor justifiably charged of significant criminal activity, and shall hereafter be referred to as "the refugee";
      
      
   2. "nation X" as the nation to which the refugee is in or potential refugee wishes to be considered a refugee in;
2. Any person that meets the definition of "refugee" may not be:
   
   
   1. persecuted, receive unjust incarceration, receive unjustified discriminatory treatment, receive any kind of punishment greater than what would be given to citizens for a crime they may have committed, tortured, or receive any other serious violation of human rights, as established by the World Assembly, by nation X;
      
      
   2. forcibly moved to a country that poses a well-established risk of persecution, unfair prosecution, unjustifiably discriminatory treatment, torture, death, or any other serious violation of human rights as established by the World Assembly;
      
      
   3. forcibly moved to a country that is a non-World Assembly member, or non-compliant World Assembly member, that poses a well-established risk of acting against this resolution's mandates;
      
      
   4. socially discriminated against by nation X's government or its civil servants by reason only of their status as refugees;
      
      
   5. denied access to leave nation X if they wish to leave, unless they've broken laws that also apply to said country's citizens;
      
      
   6. denied being in nation X until they are delivered to a nation that has granted them asylum that is also in compliance with the protections given in this resolution;

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Rights of Refugees
Category: Human Rights | Strength: Significant

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The World Assembly,

Recognizing its stance in favor of helping refugees,

Aiming to protect refugees from unjust treatment, deportation, and prosecution,

Hoping to strike a balance by not putting a burden on member nations with refugees whom have not granted them asylum,

The World Assembly hereby enacts the following:

1. Defines:
   
   
   1. "refugee", for the sake of this resolution, as any person who has been displaced from their country in order to escape persecution, violence, war, unjust prosecution, or disaster, and is neither an objective threat to national or international security unless granted asylum nor justifiably charged of significant criminal activity, and shall hereafter be referred to as "the refugee";
      
      
   2. "nation X" as the nation to which the refugee is in or potential refugee wishes to be considered a refugee in;
2. Any person that meets the definition of "refugee" may not be:
   
   
   1. persecuted, receive unjust incarceration, receive unjustified discriminatory treatment, receive any kind of punishment greater than what would be given to citizens for a crime they may have committed, tortured, or receive any other serious violation of human rights as established by the World Assembly;
      
      
   2. forcibly moved to a country that poses a well-established risk of persecution, unfair prosecution, unjustifiably discriminatory treatment, torture, death, or any other serious violation of human rights as established by the World Assembly;
      
      
   3. forcibly moved to a country that is a non-World Assembly member, or non-compliant World Assembly member, that poses a well-established risk of acting against this resolution's mandates;
      
      
   4. socially discriminated against by nation X's government or its civil servants by reason only of their status as refugees;
      
      
   5. intentionally denied access to, to nation X's best abilities, easily obtainable and safe: food, water, shelter, emergency services, telephone communication, transportation, and means of covering costs if not provided by the state;
      
      
   6. denied access to leave nation X if they wish to leave, unless they've broken laws that also apply to said country's citizens;
      
      
   7. denied being in nation X until they are delivered to a nation that has granted them asylum that is also in compliance with the protections given in this resolution;
      
      
   8. essentially denied any of the protections governed by this resolution due to excruciatingly lengthy and overly complicated legal proceedings outside the scope of this resolution and laws governing other citizens;
3. Any person that meets the definition of "refugee" is:
   
   
   1. entitled to obey and be protected by, to the fullest extent, national and international law;
      
      
   2. able to have their refugee status challenged by Nation X, if the refugee is in said nation, upon a one-time plea to the World Assembly, unless they've willingly left said nation before coming back, to which their status may be challenged once again;
      
      
      1. excessive denial of acceptance of refugees proceeded by excessive court rulings over such denial being unjustified shall forbid the nation from using this clause for refugees from that country, so as to prevent prejudice and xenophobic practices and excessive costs;
   3. subject to the World Assembly revoking their status as refugee upon an unbiased court investigation.

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Rights of Refugees
Category: Human Rights | Strength: Significant

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The World Assembly,

Recognizing its stance to protect refugees,

Aiming to protect refugees from unjust treatment, deportation, and prosecution,

Hoping to balance the rights of sovereign states to rightly prosecute and extradite recognized criminals,

The World Assembly hereby enacts the following:

1. Defines "refugee", for the sake of this resolution, as any person who has been displaced from their country in order to escape persecution, violence, war, unjust prosecution, or disaster, and feels they can not avail themselves to the protection of their country of nationality;
   
   
2. Due to the possibility of system abuse, risks, and behavior justifying incarceration, or risk to member nations' citizens or infrastructure, the requirements for a refugee to get the protections listed in article 3 are as follows:
   
   
   1. A refugee must not be justifiably charged with a major crime unless they meet the requirements of 2aii;
      
      
      1. If they are, they may be prosecuted, or extradited to the nation that they've done the most damage to;
         
         
      2. The refugee is entitled to a thorough review by the World Assembly to see if the charges are justified; if the charges are deemed justified, the refugee is subject to 2Ai, with the exception being if the charges are deemed unjustified, at which case the refugee is not to be denied extended protection;
   2. A refugee must not have a life-threatening and contagious ailment that could pose further risk to the nation they've fled to unless meeting the requirement of 2bii:
      
      
      1. An unbiased checkup to see whether a refugee has such an ailment should be given to any refugee that's been in a place where said ailment is likely to infect them, regardless of whether the disease is already widespread in the nation, and should also be given in the event the refugee is transported to another nation;
         
         
      2. If the nation the refugee is in or, only in the event that they're being transported, is being transported to is already mostly effected by or immune to such an ailment, then they are still allowed extended protection;
         
         
      3. If they are found to have a life-threatening and contagious ailment that is not already extensive throughout the nation, then resolutions or national laws governing what to do with infected persons should take precedent;
   3. A refugee must actually fall under the definition established in Article 1:
      
      
      1. A member nation is able to ask the World Assembly to review whether a refugee truly meets the definition provided in article 1, assuming the World Assembly has not already rested its case;
         
         
      2. A refugee is able to ask the World Assembly to review whether they truly meet the definition provided in article 1 if a nation claims they do not, assuming the World Assembly has not already rested its case;
   4. A refugee must be granted asylum:
      
      
      1. If a refugee is not granted asylum, then the nation said refugee is currently in must seek to facilitate safe transportation to a nation which will grant asylum; if no nation is to be found, then the nation must either try to convince a nation to accept the refugee, or grant asylum to the refugee, unless said refugee does not meet the other requirements under article 2 or 2dii;
         
         
      2. If a refugee seems to pose a serious threat to the nation by way of physical violence or terrorism, then they may be transported back to the nation they've fleed from, although the World Assembly may provide a court ruling over whether such a fear is justified, should the refugee request such; excessive denial of acceptance of refugees proceeded by excessive court rulings over such denial being unjustified shall forbid the nation from using this clause for refugees from that country, so as to prevent prejudice and xenophobic practices and excessive costs;
3. No refugee that meets the extended protection requirements of article 2 may be:
   
   
   1. persecuted, receive unjust incarceration, receive unjustified discriminatory treatment, receive any kind of punishment greater than what would be given to citizens for a crime they may have committed, tortured, or receive any other serious violation of human rights as established by the World Assembly;
      
      
   2. forcibly moved to a country that poses a well-established risk of persecution, unfair prosecution, unjustifiably discriminatory treatment, torture, death, or any other serious violation of human rights as established by the World Assembly;
      
      
   3. forcibly moved to a country that is a non-World Assembly member, or non-compliant World Assembly member, that poses a well-established risk of acting against this resolution's mandates;
      
      
   4. intentionally denied access to resources available to other citizens such as safe food, safe water, safe shelter, medical coverage, jobs of any kind unless monetary costs are covered by the state, transportation, communication, and emergency services;
      
      
   5. denied access to leave the country if they wish to leave;
      
      
   6. denied access into your country unless they do not meet the requirements established in article 2, unless a court ruling is needed to verify whether said requirements are met, in which access shall still not be denied;
      
      
   7. essentially denied any of the protections governed by this resolution due to excruciatingly lengthy and overly complicated legal proceedings outside the scope of this resolution and laws governing other citizens;
      
      
   8. denied access to naturalisation and integration into society if the refugee asks for it, although forced naturalisation is allowed, and forced integration is not;
4. Refugees that do not meet the protection requirements of article 2:
   
   
   1. are entitled to go to court to establish whether or not they meet the requirements in Article 2, but only if they've not already been denied;
      
      
   2. shall be given extended protection until courts says otherwise, unless they fail to meet the requirements of article 2b;
      
      
   3. shall be protected by articles 3a, 3d, and 3g regardless of whether they receive extended protection;
      
      
   4. shall be denied the protections granted in articles 3e, 3f, and 3h;
      
      
   5. shall be protected by articles 3b and 3c, with the following exceptions:
      
      
      1. the refugee violates article 2a, in which resolutions and laws governing extradition shall take precedent;
         
         
      2. the refugee violates Article 2d, in which the person, as a last resort upon not meeting the provisions established in 2d, may be returned to their native country;
   6. shall be subject to any clause in Article 2 that denied the refugee extended protection, with article 2b superior to 2a, 2a superior to 2c, and 2c superior to 2d;
      
      
   7. shall not be discriminated against by reason only of their status as refugees, are entitled to obey and be protected by, to the fullest extent, national law;
      
      
   8. shall not be arbitrarily expelled once granted asylum, whereby a refugee may request assistance from the World Assembly to verify whether expulsion was warranted;
5. Nothing in this resolution shall place any restrictions on the right of member nations to grant asylum to any person they so wish, nor compel any nation to grant asylum to any person with the exception of article 2dii;
   
   
6. Nothing in this resolution shall be interpreted to affect extradition or immigration policies of member nations in matters unrelated to refugee protection;
   
   
7. Other assembly resolutions shall take precedent over this resolution.

ed: Former last edit was Dec 26, 2018; edited to change "Discarded" to "Abandoned".

[Imperium Anglorum]

This is probably too long. Check that it does not exceed 5000 characters.

[Jutsa]

OOC:

>7,386

confound it

[Jutsa]

"Would it perhaps be possible to create two, separate resolutions out of this? Or is it imperative that this remain one resolution with a third of it trimmed?"

[Separatist Peoples]

"Would it perhaps be possible to create two, separate resolutions out of this? Or is it imperative that this remain one resolution with a third of it trimmed?"

OOC: If you can find distinct parts to separate that fit categories, then you can split it. There is no requirement for omnibus resolutions, its just usually easier to make them omnibus resolutions.

[Jutsa]

OOC: Thanks.

Just goes to figure my overthinking and excessive typing would make my draft come to this.

I think I'll try to split this between "rights of refugees" and "extended refugee protection". Here's hoping, I guess. <:)
edit: And I'll try to not make them depend on one another, since it'd be kinda weird, especially if one gets repealed... or only one gets passed.

[Deltanium]

Do I still have the right to build a wall around my nation and throw smoke bombs while shooting them?(not a joke)

[Separatist Peoples]

Do I still have the right to build a wall around my nation and throw smoke bombs while shooting them?(not a joke)

"Ambassador, that isn't allowed now."

[Jutsa]

"You do, however, raise an interesting point: what about people wanting to become refugees before they're actually refugees?

I certainly hope this is covered in another resolution, but if not, I may have to consider writing up a third part to this..."

[Separatist Peoples]

"You do, however, raise an interesting point: what about people wanting to become refugees before they're actually refugees?

I certainly hope this is covered in another resolution, but if not, I may have to consider writing up a third part to this..."

ooc: You could almost certainly address this topic in two resolutions. Probably one if you streamline your writing.

[Jutsa]

OOC: I am not sure how I could streamline the phrasing by a third whilst also adding an entire section without causing some major loopholes.

I feel comfortable with two. I will try for one, but I suspect it won't happen.

[Bears Armed]

OOC: *<snip>*
edit: And I'll try to not make them depend on one another, since it'd be kinda weird, especially if one gets repealed... or only one gets passed.

OOC
Which is why submitting a proposal that depends on a previously-passed resolution is illegal, anyway...
That's called the 'House of Cards' rule.
You can re-use committees that were established by earlier resolutions, if they're still in existence, but that's the limit.

[Kenmoria]

Do I still have the right to build a wall around my nation and throw smoke bombs while shooting them?(not a joke)

(OOC: That is already prohibited by several resolutions.

On the multiple proposals note, this has been done successfully before, and could be a very good idea to close all the loopholes and provide a more comprehensive piece of legislation on a topic very contentious in real life. Having a shared committee could help to add a feeling of togetherness, although one would have to mind the House of Cards rule.)

[Separatist Peoples]

Ooc: I dont see why this is such a big deal. If you divide the topic into two distinct questions, you can handle them separately without a risk of HoC. Such as splitting it into one resolution that deals with the rights of refugees upon their admittance into a nation as refugees and one that deals with the process of becoming a refugee and applying for asylum.

[Jutsa]

OOC: Yep, I believe that's the route I'll go.

[Araraukar]

You can re-use committees that were established by earlier resolutions, if they're still in existence, but that's the limit.

OOC: Was the "you can revive a committee from a repealed resolution" thing banned while I haven't been paying GA much attention?

[Bears Armed]

You can re-use committees that were established by earlier resolutions, if they're still in existence, but that's the limit.

OOC: Was the "you can revive a committee from a repealed resolution" thing banned while I haven't been paying GA much attention?

OOC
I meant the committees, not the resolutions, when I said "still in existence". I think that committees, although they remain in existence as long as they still have any assigned duties to perform (regardless of whether those were set by the resolutions that created them or by later ones), are still supposed to CTE when the last of those previous purposes are removed.

[Jutsa]

OOC: I do apologize for the time. Though I can get pretty much done in a short amount of time, it takes me a while to get around to doing it.

[Jutsa]

"This piece of legislation, which has maintained the bulk of the text written in the previous document, shall now be part two of our plan to replace the resolution on refugees."

OOC: Bumping this. This is now part 3 of the master plan...

(Hope I did an OK enough job separating everything from one another...)

[Wallenburg]

Any person that meets the definition of "refugee" may not be:

a. persecuted, receive unjust incarceration, receive unjustified discriminatory treatment, receive any kind of punishment greater than what would be given to citizens for a crime they may have committed, tortured, or receive any other serious violation of human rights as established by the World Assembly;

"I will note that this, alongside the below requirements, contradicts the requirement in your delegation's 'Asylum Accord' to extradite all individuals charged with crimes."

d. socially discriminated against by nation X's government or its civil servants by reason only of their status as refugees;

"What do you mean by 'socially discriminated against'?"

e. intentionally denied access to, to nation X's best abilities, easily obtainable and safe: food, water, shelter, emergency services, telephone communication, transportation, and means of covering costs if not provided by the state;

"This Assembly has already addressed this matter, save for the item 'telephone communication'. I must protest the inclusion of such a luxury alongside essential material and services. You don't need telephones to survive."

]f. denied access to leave nation X if they wish to leave, unless they've broken laws that also apply to said country's citizens;

"This Assembly has already addressed this matter."

h. essentially denied any of the protections governed by this resolution due to excruciatingly lengthy and overly complicated legal proceedings outside the scope of this resolution and laws governing other citizens;

"How can this resolution affect something 'outside the scope of this resolution'?"

Any person that meets the definition of "refugee" is:

a. entitled to obey and be protected by, to the fullest extent, national and international law;

"This clause is unusual to say the least. Nobody is 'entitled' to obey the law, they are required to. You should also consult existing legislation on the matter."

b. able to have their refugee status challenged by Nation X, if the refugee is in said nation, upon a one-time plea to the World Assembly, unless they've willingly left said nation before coming back, to which their status may be challenged once again;

1. excessive denial of acceptance of refugees proceeded by excessive court rulings over such denial being unjustified shall forbid the nation from using this clause for refugees from that country, so as to prevent prejudice and xenophobic practices and excessive costs;

[/list]
c. subject to the World Assembly revoking their status as refugee upon an unbiased court investigation.

IC: "How is the World Assembly going to hear pleas and hold court investigations without any World Assembly courts?"

OOC: I cannot understand "excessive denial of acceptance of refugees proceeded by excessive court rulings over such denial being unjustified". Please try to make it more comprehensible.

[Jutsa]

"I will note that this, alongside the below requirements, contradicts the requirement in your delegation's 'Asylum Accord' to extradite all individuals charged with crimes."

"I am afraid I do not understand, ambassador. We will happily specify that this clause is meant for Nation X, as that was our intention originally, but we're still uncertain as to how this contradicts Part 4.

"What do you mean by 'socially discriminated against'?"

"We recalled a clause in the existing resolution that stated that refugees may not be discriminated against by the sole reasoning that they are refugees,
but such a clause is rather dangerous as it could be interpreted to contradict everything else established in these proposals.
As such, we have determined that 'socially discriminated' was a better term, and we were hoping it would be clear that people would be
treated as kindly as citizens. However, I admit that the council was not entirely clear. Would you recommend another form of phrasing?"

"This Assembly has already addressed this matter, save for the item 'telephone communication'. I must protest the inclusion of such a luxury alongside essential material and services. You don't need telephones to survive."

"We believe that telephones, if a nation has them, should be supplied to people to communicate with families back home. However, due to this essentially being covered in another resolution, we may leave this part out, if you so wish."

"How can this resolution affect something 'outside the scope of this resolution'?"

"Another excellent point, ambassador. This is precisely one of our chief complaints about the existing resolution on refugees. This, too, shall be removed.
However, we sincerely hope that a resolution be passed to forbid the creation of paperwork so extensive that nobody can acquire any protections from any resolution."

"This clause is unusual to say the least. Nobody is 'entitled' to obey the law, they are required to. You should also consult existing legislation on the matter."

"Thank you once again, ambassador. This has been covered, as well as worded improperly, and shall be struck void."

"How is the World Assembly going to hear pleas and hold court investigations without any World Assembly courts?"

"Excellent point. This... does prove a slight problem, as now there are no international safeguards for nations or refugees to challenge each others' claims.
Regardless, this is, once again, a clause that shall be struck null and void."

OOC: Welp that really cuts down on things doesn't it?

Hypothetically, I could attempt to merge part 4 with this one, now, but I'll think about that another day, I believe.

Thank you very much, Wallenburg.
Oh and uh @phrasing: Yeah I had trouble morphing the terminology but it's frankly irrelevant now anyways.

ed: oh yah and new draft's up. a lot smaller... hypothetically could merge this with 4; I'll check out 4 first.

[Kenmoria]

“Your ‘Hoping’ preambulatory clause should have ‘who’ instead of ‘whom’, as ‘whom’ is only used for an object case inside the relative construction, rather than outside it.

Also, it seems that clauses 2b and 2c could be combined to be more eloquent, as a nation fully compliant with WA law would hopefully not pose a risk of persecution, unfair prosecution, unjustifiably discriminatory treatemnt etc..”