OOC: In the event that Toonela's repeal proposal is sent to submission and passed, this is the proposed replacement draft for "Protections During Territorial Transitions". In it, I have attempted to gather the comments and feedback I saw and read during the voting process of PDTT, and I hope this version reflects those. It is lengthy, yes, but I feel I needed the length to appropriately address the points of criticism and feedback that were raised. All comments and feedback are most welcome!
Inhabitants And Territorial Transitions
Category: Civil Rights | Strength: Mild
Let it be known that this august body will not stand in the way of sovereign nations to administer their territory in a manner they deem appropriate, reasonable, and fair, and thus will not thwart its honourable member states from engaging in transitions of territory and land; yet
To ensure that no inhabitant of any member nation is negatively impacted by the transition of territories between sovereign nations, and to expand upon previously passed legislation that tasks member states with the duty to see to the basic needs of its inhabitants;
The World Assembly enacts as follows:
- For purposes of this resolution, the following terms shall be understood as follows:
- a "transition" as the transfer of territory from one sovereign state to another sovereign state resulting from economic, political or diplomatic proceedings and where at least one member nation either acquires or cedes territory;
- a "ceding state" as a member state that cedes territory as a result of a transition;
- a "receiving state" as a member state that acquires territory as a result of a transition;
- an "affected inhabitant" as an inhabitant of any area of a ceding state that is directly affected by a transition;
- An affected inhabitant who is unwilling to become the inhabitant of a receiving state as a result of a transition has the right to freely arrange relocation to another part of the ceding state that is suitable for civilian habitation, without any harmful impact upon their existing rights, duties and protections, and before the transition has been formally finalised;
- A ceding state has the following duties and responsibilities:
- To inform an affected inhabitant extensively and with sufficient advance notice about all jurisdictional changes that they will be subjected to as a result of a transition such as the loss or acquisition of rights, privileges, duties and responsibilities, and provide an affected inhabitant with all other information relevant to that transition, and the changes it will inflict upon them;
- To provide aid and assistance free of charge to an affected inhabitant who is arranging relocation as per their right granted by Clause 2, and especially if that affected inhabitant would be unable to see to their basic needs as a result of the relocation;
- To make the appropriate arrangements before a transition is finalised to shoulder a mass relocation of inhabitants within its borders as a result of a transition and their right as granted by Clause 2 of this resolution;
- To request aid and assistance from the World Assembly in alleviating the burden of a mass relocation as a result of a transition, yet exclusively in the event that the state would become so overwhelmed by the mass relocation that the affected inhabitants or its other inhabitants would be unable to be guaranteed their basic needs, and only until that state is is no longer deemed so overwhelmed by WA;
- A receiving state has the following duties and responsibilities:
- To offer an affected inhabitant citizenship within its national jurisdiction if the latter held that status within the ceding state, or any other equivalent right to residency that they enjoyed in said state;
- To automatically transfer any right, privilege and duty that an affected inhabitant held in the ceding state, unless such a right, privilege or duty is incompatible with the existing national jurisdiction. Then, either the closest possible equivalent to that right, privilege or duty that does exist within the receiving state must be granted to the affected inhabitant, or (and only if no such equivalent exists) that affected inhabitant has to be appropriately compensated for the loss of a right or privilege and be fairly assisted and guided in adjusting to the new situation where they no longer hold such;
- To grant an affected inhabitant new rights and privileges upon the completion of a transition, if that state so wishes;
- To provide an affected inhabitant with aid and guidance regarding affairs such as legal integration into their new jurisdiction or the learning of the state's official language(s) both free of charge, unless an affected inhabitant has expressly and overtly communicated not to desire such aid and guidance;
- A member nation must refrain from transitioning any territory to any member or non-member nation likely to fail to comply with the duties and responsibilities set forth for receiving states, and may not accept territory in a transition from any member or non-member nation likely to fail to comply with the duties and responsibilities set forth for ceding state.
and whoopsie, fixed!