[ABANDONED] Legal Process of Refugees

[Jutsa]

"It has been raised that there are currently no resolutions detailing how a refugee can be denied or permitted access to a nation as a refugee.
We hope that this piece of legislation covers those concerns, and together with other resolutions detailing how refugees shall be treated,
will make a positive addition to the World Assembly. This is now part two of our four-part plan to replace resolution 57."

OOC: This is the bulk of the first half of my previous replacement, and essentially details the "qualifications" and what can and can't be permitted if someone
does or does not meet the requirements. Note: Between this and part three, I have to say I confused myself, so... yeah, sorry if it's confusing. Trying my best. <:)
Also have "the person" and "nation X" because, uh... that was the fastest way I could figure out how to describe things. I can try changing it if anyone has any suggestions.

Part 1: Proposal to repeal 57
Part 3: Rights of Refugees
Part 4: Asylum Accord

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Legal Process of Refugees
Category: Human Rights | Strength: Mild

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The World Assembly,

Recognizing its stance in favor of helping people wanting or needing to escape their home nation,

Aiming to protect the rights of said people from unjust treatment, deportation, denial of border entry and prosecution,

Hoping to balance the rights of sovereign states to protect their own populace,

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 feels they can not avail themselves to the protection of their country of nationality;
      
      
   2. "potential refugee" as a person who has not yet met the requirements of being a refugee, but would like to do so, and shall hereafter be referred to as "the person";
      
      
   3. "nation X" as the nation to which the refugee is in or potential refugee wishes to be considered a refugee in;
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 person to acquire the protections listed in article 3 are as follows:
   
   
   1. The person must not have a life-threatening and contagious ailment that could pose further risk to the nation they've fled to;
      
      
      1. An unbiased checkup to see whether a refugee has such an ailment shall 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 nation X, and should also be given in the event the person is transported to another nation;
         
         
      2. If the person is found to have a life-threatening and contagious ailment that is not already extensive throughout the nations described in 2aii, then resolutions or national laws governing what to do with infected persons should take precedent;
   2. The person must not be justifiably charged with a major crime; if they are, laws governing extradition will take precedent;
      
      
   3. The person must fall under the definition of "potential refugee" established in Article 1b, or else be turned down at the border or transported back to the country they've fled from;
      
      
   4. If the person seems to pose a serious threat to the nation by way of physical violence or terrorism, then they may be turned down at the border or transported back to the nation they've fled from;
      
      
   5. All the preceding steps may be ignored if the person is granted asylum in nation X, to which asylum laws shall take precedent and full protection granted;
3. If the person meets the requirements established in article 2:
   
   
   1. They are entitled to all national and international laws protecting and governing refugees until they are in a nation that has granted asylum;
      
      
   2. Nation X must either grant them asylum, or do its best to facilitate a place that will grant asylum that does not violate refugee and asylum laws;
4. If the person does not meet the requirements in Article 2:
   
   
   1. Said person shall be subject to any action presented in article 2, with 2a superior to 2b, 2b superior to 2c, and 2c superior to 2d;
      
      
   2. They may not be 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, nor be kidnapped or forcibly transported by nation X to any nation other than where the person came from.
5. Nothing in this resolution shall be interpreted to affect extradition or immigration policies of member nations in matters unrelated to refugee protection.

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Legal Process of Refugees
Category: Human Rights | Strength: Significant

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The World Assembly,

Recognizing its stance in favor of helping people wanting or needing to escape their home nation,

Aiming to protect the rights of said people from unjust treatment, deportation, denial of border entry and prosecution,

Hoping to balance the rights of sovereign states to protect their own populace,

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 feels they can not avail themselves to the protection of their country of nationality;
      
      
   2. "potential refugee" as a person who has not yet met the requirements of being a refugee, but would like to do so, and shall hereafter be referred to as "the person";
      
      
   3. "nation X" as the nation to which the refugee is in or potential refugee wishes to be considered a refugee in;
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 person to acquire the protections listed in article 3 are as follows:
   
   
   1. The person 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 2aii:
      
      
      1. An unbiased checkup to see whether a refugee has such an ailment shall 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 nation X, and should also be given in the event the person is transported to another nation;
         
         
      2. If nation X or, only in the event that the person is being transported, the place the person is being transported to is already mostly effected by or immune to such an ailment, then the refugee is still allowed refugee status;
         
         
      3. If the person is found to have a life-threatening and contagious ailment that is not already extensive throughout the nations described in 2aii, then resolutions or national laws governing what to do with infected persons should take precedent;
   2. The person must not be justifiably charged with a major crime; if they are, laws governing extradition will take precedent;
      
      
   3. The person must fall under the definition of "potential refugee" established in Article 1b, or else be turned down at the border or transported back to the country they've fled from;
      
      
   4. If the person seems to pose a serious threat to the nation by way of physical violence or terrorism, then they may be turned down at the border or transported back to the nation they've fled from;
      
      
   5. All the preceding steps may be ignored if the person is granted asylum in nation X, to which asylum laws shall take precedent and full protection granted;
3. If the person meets the requirements established in article 2:
   
   
   1. They are entitled to all national and international laws protecting and governing refugees until they are in a nation that has granted asylum;
      
      
   2. Nation X must either grant them asylum, or do its best to facilitate a place that will grant asylum that does not violate refugee and asylum laws;
4. If the person does not meet the requirements in Article 2:
   
   
   1. Said person shall be subject to any action presented in article 2, with 2e superior to 2a, 2a superior to 2b, 2b superior to 2c, and 2c superior to 2d, unless:
      
      
      1. the refugee pleads to the World Assembly court to review the state's decision, which can be done exactly once, and shall be protected by article 3 until a final decision is reached;
   2. They may not be 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, nor be kidnapped or forcibly transported by nation X to any nation other than where the person came from.
5. Nothing in this resolution shall be interpreted to affect extradition or immigration policies of member nations in matters unrelated to refugee protection.

[Kenmoria]

“The only thing you do in this entire proposal is, essentially, define things. That does not qualify it as ‘significant’ strength and is against a rule of this august assembly. Of course, this is a problem easily remedied - just add a single clause, possibly a non-mandatory one such as ‘encourages’, to put this on the better side of the line.”

[Araraukar]

OOC: 2aii will be a problem with existing resolution(s) that allow quarantines during epidemics. It doesn't matter that you're traveling to someplace where your illness won't be an issue, because traveling anywhere with a contagious disease means subjecting hundreds if not thousands of people to the disease. There's a reason traveling restrictions are so effective in halting the spread of serious epidemics.

[Jutsa]

“The only thing you do in this entire proposal is, essentially, define things. That does not qualify it as ‘significant’ strength and is against a rule of this august assembly. Of course, this is a problem easily remedied - just add a single clause, possibly a non-mandatory one such as ‘encourages’, to put this on the better side of the line.”

"I believe that a strength of "mild" will also suffice. Of course, the resolution does lay down protections for people that are not qualified as refugees,
as well as assigning 'nation X' the task of either granting asylum or facilitating asylum in another nation."

OOC: 2aii will be a problem with existing resolution(s) that allow quarantines during epidemics. It doesn't matter that you're traveling to someplace where your illness won't be an issue, because traveling anywhere with a contagious disease means subjecting hundreds if not thousands of people to the disease. There's a reason traveling restrictions are so effective in halting the spread of serious epidemics.

OOC: Good point, removing that.

ed: Oh yah, new draft's up.

ed2(well ok 4): Also removed the clause about the WA courts because we haven no WA courts.

[Araraukar]

OOC: Good point, removing that.

OOC: The new wording should perhaps specify World Assembly resolutions.

Also, in 2.b., what counts as "major crime"? Are we talking about rape, murder and treason, or would stealing/conning a large amount of money also count? Is it the probable/maximum punishment assigned to each crime in the nation where it was committed that makes it major? This will also easily run into the "one man's terrorist is another's freedom fighter" issue.

Additionally, all this "turned down at border" seems to assume a land border. Can a ship be turned away before the people onboard have a chance to set foot in the nation? (I'm thinking of RL Australia here...)

4.b.'s "may not be ... forcibly transported by nation X to any nation other than where the person came from" seems to ban the situation where Nation X doesn't or can't take them in, but could transport them to Nation Y, which would be more than happy to do so. The "forcibly transported" bit would come from the person not wanting to leave Nation X voluntarily. The wording also seems to suggest that they can be forcibly transported back into the nation they came from...

One thing that should be included in here in some form - it's not always possible/desirable for a nation to take in refugees, whether or not the refugees nevertheless wanted to live there. Think of natural disasters or their aftermaths (volcanic eruptions, earthquakes, severe drought, etc.), serious epidemics (I think existing resolutions let nations stop people from coming to the nation during one), active state of war (not to mention if the person is from the other warring nation, and espionage could be reasonably assumed as a motive for wanting to come over), severely restricted resources (possibly due to one of the above), and I'm sure there are other such occasions I can't think of right now.