or otherwise the Coordinating the Search of Missing Persons Act
2. Dauchh Palki has not received the necessary endorsements and does not currently plan to obtain such endorsements to submit a proposal to the General Assembly, as such, any nation is encouraged to redevelop this text in their own words or our own. They may choose to submit a similar proposal incorporating any principles from this draft also, or disregard it entirely and write a resolution regarding the subject matter;
This is the first submission of the Dauchh Palkian General Assembly Correspondence to the World Assembly, as such, any feedback is appreciated and desired,
This proposal is a direct response and built upon the proposed and likely to be voted against the Missing Persons Coordination Act of which we are voting AGAINST. We commend the resolution and its author for its intent and laying a suitable groundwork for this draft proposal, of which some elements are certainly incorporated or inspired from.
The World Assembly,Firm in the imperative duty of the Assembly to protect the wellbeing, physical and psychological, of all its denizens;
Hereby:
Acknowledging that displacement, missing status, and abduction are severely harmful and traumatic for missing persons and their families, and impair the welfare and education of a startling number of persons universally;
Believing in a universal interest of all member nation-states in locating all missing persons, abducted persons or victims of human trafficking, locating and unifying persons in humanitarian crises;
And keeping account of the displacement and disappearance of persons in relation to conflict or extraterritorial crises,
But determining that the nation(s) in which a missing person holds citizenship or equivalent residence have a compelling sovereign interest in accounting for their constituents, and that they are entitled to reasonable co-operation in locating such persons from all other states;
Conscious that relevant legislation will need to mitigate abuse of the system by requiring the consent of the parties of a missing person and or the country(ies) of origin and or the country of location for some specific actions;
Affirming that the reunification of individuals and families in a timely manner and accounting for their whereabouts is paramount, and international co-operation is key to finding missing individuals;1. Defines:
i. A "missing person" as an individual whose location is unknown for 24 hours or greater or who is reasonably suspected to be abducted or in immediate danger as a result of being missing, and has been reported to any government or to any non-governmental organization with a humanitarian or security mission, or any person designated as missing or abducted by a constituent government where there are reasonable grounds to believe that the person's location is unknown, that contact with the person has been involuntarily lost, or that the person has been subjected to an extraterritorial abduction, or any person defined as missing or abducted by the World Assembly through any active mechanism deployed before or after this resolution was enacted, excluding those of the age of majority who have voluntarily relocated themselves extraterritorially, where the authorities of such state have been notified of their entry and can reasonably establish their voluntary presence in the country — and their whereabouts. But a person shall cease to be considered missing under this resolution once their whereabouts and voluntary presence have been reasonably established, notwithstanding provisions concerning their return or continued protection,
2. Tasks the World Assembly with:
ii. "Extraterritorial" as it pertains to this resolution as an identified or presumed movement or transfer of a person from one country to any other,
iii. "Equivalent Residence" as it pertains to this resolution is any country or territory of which an individual holds citizenship, refugee status, or an equivalent stay which is currently valid under that country's residency laws, and is for a non-recreational purpose. A person can have multiple and temporary equivalent residences as defined by this resolution,
iv. "Refugee" as it pertains to this resolution as any individual who satisfies any of these conditions:a. has been displaced from their residence in the country which their residence was located in, and is unable to return to such residence indefinitely, and is unable to find a new permanent residence,
v. "Abduction" as it pertains to this resolution as the act of transporting an individual against their will, or by fraud or coercion, extraterritorially,
b. who remains in their nation of origin but are displaced from their residence indefinitely and are considered refugees by a non-government organization or the W.A. under a definition in any other resolution, and without the express disapproval of such status by the constituent government.
c. is recognized as a refugee by any country or territory.
vi. "State of location" as any state or territory where a missing person is subsequently found following their disappearance,
vii. "Relevant information" as any information pertaining to a missing or found person's:a. identifying information,
viii. "Consent" where required by this resolution, as the informed consent of an individual who has reached the age of majority, made under an unimpaired and uncoerced state of mind without the decision being presented deceptively to them.
b. the circumstances and approximate date and location of their disappearance,
c. updates regarding the status of the missing person and investigation into their disappearance or if they have been found,
d. sightings or any information about said case reported to an authority in any nation,
e. if the missing person has been identified to have died.
ix. "Age of majority" as used by this resolution means the lowest age at which an individual is legally recognized as an adult in any of their equivalent resident countries, provided such a regulation is reasonably applicable to them given but not exhaustively, their species, or otherwise where the resident has no equivalent residencies, the age of majority in the state of location,
x. “Found person” as an individual formerly qualified as missing whose whereabouts have subsequently been reasonably established.i. Providing for the documentation of all refugees if they currently reside outside of their country of origin, and updating their status upon changes in refugee or missing person status,
3. Mandates member states that they:
ii. Creating the Bureau for the Oversight of Investigations into International Missing Persons Cases and Missing Refugees, with the mission of streamlining the investigation of extraterritorial missing person incidents and the return of said individuals, with the additional responsibilities of:a. conducting or aiding the search and investigation of all refugees and stateless persons who are missing but not in active investigation by their country of origin because the state is incapable or the person is stateless,
b. sharing all relevant information obtained by the bureau pertaining to a missing person's case with all respective governments, non-governmental organizations, or international authorities of which a missing person case concerns, subject to the consent and disclosure limitations established by this resolution.i. Assist the World Assembly with the documentation of all refugees if they currently reside in said state outside of their country of origin, and notify the equivalent residences of the refugee's location thereof — if the refugee consents to such notification according to the limitations established by this resolution,
4. Clarifies that:
ii. Comply with the requests of all nations of which a missing person is an equivalent/primary resident of in identifying a missing person, including the transfer of any relevant information that might assist with a cross-border investigation, with respect to said person's consent and privacy once their whereabouts have been established according to the limitations established by this resolution,
iii. Co-operate in the return of any found persons between equivalent residences and a state of location, except where the found person does not consent to return and also where the state of location does not consent to the return. But where the found person has not reached the age of majority, consent concerning their return shall be determined according to section 4(v),
iv. That if a state of location refuses to return a found person, they must notify the authorities of the applicable equivalent residence(s) and the respective W.A. bureau as created in this resolution as to their reason for declining to return said person,
v. Complying with the World Assembly in identifying refugees or stateless persons, for whom they are not conducting their own investigation due to not having the capabilities or due to not being a country of origin/equivalent residence of said individual, in accordance with section 2(ii)(a) of this proposal,
vi. That should any relevant information surface in any W.A. member state, that they coordinate with the investigation and comply with the bureau created by this resolution as it pertains to the case of a specific missing person, and that they are considered to be an extraterritorial nation and or state of location should those definitions suffice.i. Nothing in this resolution shall require member states to disclose classified information,
ii. Nothing in this resolution shall require member states to initiate an investigation into every case involving a reported missing person, unless by the request of the W.A. bureau created in this resolution for the case of a missing stateless person,
iii. in determining the return of a found person with multiple equivalent residences, the found person may choose to return to any country that they are allowed legal stay, and no country of return can deny the return of a consenting individual who retains their legal right to reside therein,
iv. For the purposes of this resolution, decisions requiring the consent of someone who cannot but is above the age of majority are to be deferred until it can be obtained under the definition, except to the extent that an action otherwise requiring consent is reasonably necesarry to protect the person from imminent danger.
v. For the purposes of this resolution, someone who has not reached the age of majority and cannot consent under this resolution's definition cannot contest a return or information disclosure, but their legal guardian(s) may do so on their behalf, unless the guardian(s) are reasonably suspected of involvement in the disappearance or abduction of the individual, or abuse or endangerment of the individual, whereas:a. responsibility will be deferred to the state of location with reasonable consideration of the individual's wishes according to their capacity and maturity,
vi. this resolution DOES NOT regulate finding persons who are missing internally in a country and who are not reasonably presumed to have entered any other country extraterritorially unless they are stateless or have a valid refugee status under this resolution under section 1(iv).
b. or responsibility will be deferred to any legal guardian not reasonably suspected of such involvement, taking precedence over the state of location, where the found minor assents to such arrangement, otherwise deferred to subsection a.
