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PASSED: Repeal "Right of Emigration"

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Sionis Prioratus
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PASSED: Repeal "Right of Emigration"

Postby Sionis Prioratus » Sun Jul 19, 2009 5:42 am

Please vote FOR: http://www.nationstates.net/page=un

THE PEOPLES OF THE WORLD ASSEMBLED,

FULLY ACKNOWLEDGING "Right to Emigration" has a magnanimous spirit and that the vast majority of the Ambassadors and Delegates who voted for "Right to Emigration" did so for magnanimous reasons,

ACKNOWLEDGING that "pursuit of ambition, opportunity or refuge" or "escape from war, persecution or injustice" are almost without exception noble objectives,

BUT NEVERTHELESS ACUTELY AWARE no amount of goodwill can by itself repair the appalling flaws of a severely handicapped text,

SADLY NOTING Resolution #46 says, in relevant part (emphasis added):

"2. PERMITS member states to waive Section 1 **only** if any of the following conditions are true:
a) The person is either under penal servitude or undergoing (civil or criminal) legal proceedings;
b) The person **holds certain convictions** directly linking to sexual offences;
c) The person is below the age of maturity (as defined in their country of residence) and lacks the consent of their legal parents or guardians;
d) The person is either **militarily interned during conflict** or **legally mandated** to remain in the current country of residence following a **judicial ruling** or;
e) The person is suspected of espionage or intention to carry out terrorist acts by emigrating."

APPALLED that Resolution #46 has a very limited and fixed number of "waivers", thus for all practical purposes acting as a legal straitjacket, among other things PROHIBITING and/or CONFLICTING with national/international laws that may be in force that may require quarantine for catastrophic situations such as:

1) The epidemic outbreak of a deadly disease,
2) The containment of persons that carry massive amounts of radioactive elements due to nuclear fallout.

NOTING "conviction" can be conveniently interpreted as "a strong persuasion or belief",

SHOCKED that subsection 2.b) allows any Nation to hold indefinitely persons – against their will – within said Nation’s borders, on the sole basis of saying a person HOLDS CERTAIN "CONVICTIONS" without any need to show any proof (much less trials), making it all too easy to brand any person as a sexual pervert. This is an outrageous violation of national/international guarantees of due process and free speech that may be in force,

APPALLED that subsection 2.c) leaves open the possibility that in a war-torn Nation, able legal minors left without parents nor guardians, could be forced to stay in said Nation, even if by some reason, those legal minors could want and are able to pursue a better life in another Nation,

SHOCKED that subsection 2.d) allows any Nation to arbitrarily create/forge “conflicts” (which are not defined anywhere) and equally arbitrary “military intern[ments]” for anyone, effectively rendering this Resolution moot; ALSO, in 2.d) the rules and requisites for “legal mandate[s]” and “judicial ruling[s]” are not defined anywhere, essentially depriving individuals of the “right to emigration” simply by means of an arbitrary, unappealable and unjust “judicial ruling”,

THEREFORE, THE WORLD ASSEMBLY REPEALS Resolution #46, urging a wholesome, just, well-thought and well-written statute concerning emigration be drafted with all due diligence.


The Hon. Ambassador to Charlotte Ryberg accepts the Repeal and as Delegate she has cast her vote approving this Repeal. She is also drafting a replacement. Please refer to the following link to any and all suggestions/commentaries on what could possibly, hopefully become a "wholesome, just, well-thought and well-written" future replacement of current law.
http://forum.nationstates.net/viewtopic.php?f=9&t=8087
Last edited by Kryozerkia on Sat Aug 01, 2009 11:12 am, edited 7 times in total.
Cathérine Victoire de Saint-Clair
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✡ The Jewish Kingdom of Sionis Prioratus
Daughter of The Late King Adrian the First
In the Name of
Sa Majesté Impériale Dagobert VI de Saint-Clair
A simple truth

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Glen-Rhodes
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Re: SUBMITTED: Repeal "Right of Emigration"

Postby Glen-Rhodes » Sun Jul 19, 2009 8:06 am

Sionis Prioratus wrote:THE PEOPLES OF THE WORLD ASSEMBLED,

I think we all know how much I just love this phrase. We're the World Assembly, not the Assembled World, World Assembled, Peoples of the World Assembled, or whatever other bastardization you might think of using in an effort to be unique.

Other than your diatribe on judicial rulings, which are essential to allowing flexibility for a state to waive the right of emigration for reasons not espoused from the resolution text, but legitimate nonetheless, the repeal is okay. I don't know why you quoted an entire section, just to further quote it onwards. That, and using **asterisks** to emphasize isn't exactly professional etiquette.

Dr. Bradford Castro
Chief Ambassador, FAA
the Commonwealth of Glen-Rhodes

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Sionis Prioratus
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Re: SUBMITTED: Repeal "Right of Emigration"

Postby Sionis Prioratus » Sun Jul 19, 2009 11:40 am

Glen-Rhodes wrote:**dementia-induced rant** That, and using **asterisks** to emphasize isn't exactly professional etiquette.


So, ***YOU*** feel qualified to dictate professional etiquette...

:rofl:

Anyways, good to see you back, Hon. Delegate. I can always count on you to be an automatic no.

Yours,
Cathérine Victoire de Saint-Clair
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A simple truth

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Glen-Rhodes
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Re: SUBMITTED: Repeal "Right of Emigration"

Postby Glen-Rhodes » Sun Jul 19, 2009 11:43 am

Sionis Prioratus wrote:So, ***YOU*** feel qualified to dictate professional etiquette...

The pot calling the kettle black, I presume.

Sionis Prioratus wrote:Anyways, good to see you back, Hon. Delegate. I can always count on you to be an automatic no.

"Automatic no"? I believe I said the resolution was okay.

Dr. Bradford Castro
Chief Ambassador, FAA
the Commonwealth of Glen-Rhodes

(OOC: While you're using emoticons in-character... :roll: )

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Sionis Prioratus
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Re: SUBMITTED: Repeal "Right of Emigration"

Postby Sionis Prioratus » Mon Jul 20, 2009 6:49 pm

It is my pleasure to announce that Repeal "Right of Emigration" has reached quorum and will eventually be at vote. I thank all the Delegates who supported it, people who came from a broad political spectrum that encompasses even the author of "Right of Emigration" herself.

Approvals: 50 (Todd McCloud, German zerabithea, Infinis, The Monkye, Dashy, Malessere, Sydia, San Esprito, Strathy, R539, NewTexas, Melanie Long, Charlotte Ryberg, Sionis Prioratus, the Evans, Rutianas, South Malaysia, Nemonicus, The Voltarum, Wichtenwald, ROMPA, Veilyonia, Sound Systems, Serilaphis, Shwaasburg, Spartan Messenia, Revillagigedo, Horrifica, -Hellkite-, Hartstown, MDRunie, Chuck Norris Haters, Carrhae Harran, Isle de Beaulieu, Russipines, Joeyosia, Flibbleites, Jey, Luciferasia, Emperor Python, East Hylia, New Rockport, Ashmore, Nobitta, Wencee, Kleinekatzen, The Brewsters, Naughty Slave Girls, Greater Americania, 1-502nd Airborne Inf)

Status: Quorum Reached: In Queue!


You can still add your name at http://www.nationstates.net/page=UN_proposal1/match=emigration.
Cathérine Victoire de Saint-Clair
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A simple truth

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Charlotte Ryberg
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Re: QUORUM REACHED: Repeal "Right of Emigration"

Postby Charlotte Ryberg » Tue Jul 28, 2009 3:14 am

The old version was overdue for change anyway, after that Epidemic Response Act. :p

The next few days are going to be crucial to the fact that we will be able to hear from the whole of the World Assembly on their view of emigration rights. Since my replacement is already under draft you may want to check the thread often to ensure I've addressed all known concerns: and don't be afraid of experimenting with clauses either because that shows us what will work and what will not, except that you cannot amend resolutions.

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Travancore-Cochin
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Re: QUORUM REACHED: Repeal "Right of Emigration"

Postby Travancore-Cochin » Tue Jul 28, 2009 9:27 am

Travancore-Cochin supports the reformation of the WA Resolution, Right to Emigration. In order to enable the Honourable Sarah Harper to bring the reformed version to the floor of the General Assembly, we shall first vote FOR the current version's repeal.

A. Parameswaran Nair
Ambassador from Travancore-Cochin to the World Assembly
A. Parameswaran Nair,
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Aundotutunagir
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Re: QUORUM REACHED: Repeal "Right of Emigration"

Postby Aundotutunagir » Tue Jul 28, 2009 9:52 am

The People of Aundotutunagir support this! No citizen has an inherent "right" to leave his homeland. Furthermore, we will oppose any effort to pass a replacement should this repeal succeed.
Hiriaurtung Arororugul
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The People of Aundotutunagir

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Brewdomia
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Re: AT VOTE: Repeal "Right of Emigration"

Postby Brewdomia » Tue Jul 28, 2009 1:44 pm

Although we agree that The Right Of Emigration is a great one, it must be hindered in times of emergency, so we, The Federation Of Brewdomia, support this repeal.

Ambassador Michael Redford

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Charlotte Ryberg
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Re: AT VOTE: Repeal "Right of Emigration"

Postby Charlotte Ryberg » Tue Jul 28, 2009 2:03 pm

Brewdomia wrote:Although we agree that The Right Of Emigration is a great one, it must be hindered in times of emergency, so we, The Federation Of Brewdomia, support this repeal.

Ambassador Michael Redford

I believe I have covered pandemics in my revised draft but that is a good point. A separate section for war and emergencies could be considered (refugee transit, disease control) but if the right to emigration is waived completely for war/emergencies, a nation could decide to declare a state of emergency perpetually to bypass the right to emigration.

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Greenlandic People
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Re: AT VOTE: Repeal "Right of Emigration"

Postby Greenlandic People » Tue Jul 28, 2009 2:12 pm

I'm supporting this, but only because I'm holding out for a truly great replacement. Hopefully you won't make me hold my breath for to long...

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Meekinos
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Re: AT VOTE: Repeal "Right of Emigration"

Postby Meekinos » Tue Jul 28, 2009 2:36 pm

Meekinos has given her support to this.
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Laloinia
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Re: AT VOTE: Repeal "Right of Emigration"

Postby Laloinia » Tue Jul 28, 2009 4:46 pm

If at all possible, I suggest amending it rather than a full repeal. With the repeal comes a possibility of not being able to reinstate the document.

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Sinohdamus
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Re: AT VOTE: Repeal "Right of Emigration"

Postby Sinohdamus » Tue Jul 28, 2009 4:48 pm

Several problems;

Conviction in that sense/usage evidently means criminal conviction as the word "offences" is also used. A "conviction directly linking to sexual offences" therefore evidently means a criminal conviction for sexual practices against the law of the particular state.

A minor in such a situation is usualy 'adopted' by the state and so the relavent state official would be legal gaurdian.

Militarily internment during conflict would be a prisoner of war, or imprisoned enemy combatant as designated by the states legal system.

Judicial Ruling and Legal Mandate are frankly rather self explanatory and do not need defenition at an Assembly level, and the "justice" of a ruling is down to the individual state, and not to the World Assembly.

The resolution does not require repealing, and the problems with it are just nittpicking.

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Re: AT VOTE: Repeal "Right of Emigration"

Postby Travancore-Cochin » Wed Jul 29, 2009 1:15 am

Laloinia wrote:If at all possible, I suggest amending it rather than a full repeal. With the repeal comes a possibility of not being able to reinstate the document.

OOC

Amendment is impossible. The only way to "rectify" a problematic resolution, is to repeal it first and then replace it with a newly written one, which has been cleared of the problems.
Last edited by Travancore-Cochin on Wed Jul 29, 2009 1:23 am, edited 2 times in total.
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Re: AT VOTE: Repeal "Right of Emigration"

Postby Travancore-Cochin » Wed Jul 29, 2009 1:39 am

Sinohdamus wrote:The resolution does not require repealing, and the problems with it are just nittpicking.


We are fully aware that since Sinohdamus is a new nation, her representative here might not be well-versed with the circumstances that led to this proposal. We implore the Ambassador from Sinohdamus to look up the archived transcript of the discussion the World Assembly had on General Assembly Resolution # 53: Epidemic Response Act, and the draft of "Right to Emigrate", the proposed replacement for the resolution whose repeal is being voted upon by the Assembly, before making his final decision.

As a sidenote, the Hon. Sarah Harper, Ambassador from Charlotte Ryberg who authored the original resolution, has supported its repeal and is also the one drafting its replacement.

A. Parameswaran Nair
Ambassador from Travancore-Cochin to the World Assembly
Last edited by Travancore-Cochin on Wed Jul 29, 2009 1:43 am, edited 1 time in total.
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James Bluntus
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Re: AT VOTE: Repeal "Right of Emigration"

Postby James Bluntus » Wed Jul 29, 2009 5:30 am

I am the "caretaker Delegate" for The Union of Sovereign States untill the rightful delegate's puppet nation get's instated as delegate. (her main nation just left the WA) So I will be carrying out the duties of the delegate. That means placeing my vote for the region. Right now it's 2-0 for.
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Sunlumo
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Re: AT VOTE: Repeal "Right of Emigration"

Postby Sunlumo » Wed Jul 29, 2009 7:43 am

The People of Sunlumo see these as very valid criticisms of the resolution and support its repeal. We hope for the quick introduction of a new-and-improved version.

-The Soviet Socialist Republic of Sunlumo

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Dostanlia
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Re: AT VOTE: Repeal "Right of Emigration"

Postby Dostanlia » Wed Jul 29, 2009 8:09 am

I have voted against this, as it is basically a repeal with no replacement. I think it would've been better to have waited until the new draft had been finalised before proposing a repeal. I would consider a repeal then, but at the moment I have no guarantee that i'll approve the new draft.

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Re: AT VOTE: Repeal "Right of Emigration"

Postby Progressive Union » Wed Jul 29, 2009 9:42 am

Laloinia wrote:If at all possible, I suggest amending it rather than a full repeal. With the repeal comes a possibility of not being able to reinstate the document.


Although the Commonwealth of the Progressive Union is but a new member to the World Assembly, the CPU would like to issue an official stance on this issue, pending questions.

What is wrong with the current legislature? Since I am new, I am unfamiliar with what makes this need repeal.

Can the current legislature be corrected by amendment rather than repeal. As Laloinia stated, repeal does offer the change of inability of reinstatement.

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Charlotte Ryberg
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Re: AT VOTE: Repeal "Right of Emigration"

Postby Charlotte Ryberg » Wed Jul 29, 2009 10:02 am

Laloinia wrote:If at all possible, I suggest amending it rather than a full repeal. With the repeal comes a possibility of not being able to reinstate the document.


Progressive Union wrote:...What is wrong with the current legislature? Since I am new, I am unfamiliar with what makes this need repeal.

Can the current legislature be corrected by amendment rather than repeal. As Laloinia stated, repeal does offer the change of inability of reinstatement...


Honoured ambassadors, we cannot amend, edit or adjust existing resolutions in the World Assembly. However, it has been possible to reform WA/NS-UN laws in the past and it has been done before.

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Re: QUORUM REACHED: Repeal "Right of Emigration"

Postby The Palentine » Wed Jul 29, 2009 10:15 am

Aundotutunagir wrote:The People of Aundotutunagir support this! No citizen has an inherent "right" to leave his homeland. Furthermore, we will oppose any effort to pass a replacement should this repeal succeed.


Glad to see you here,in the dry and unflooded snakepit, old boy. While I might not exactly agree with your reasoning, I also support this repeal, and also, like you, will oppose a replacement.
Excelsior,
Sen. Horatio Sulla


<snip>So, ***YOU*** feel qualified to dictate professional etiquette...<snip>

<snip>The pot calling the kettle black, I presume.<snip>


Image
Last edited by The Palentine on Wed Jul 29, 2009 10:40 am, edited 3 times in total.
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Re: AT VOTE: Repeal "Right of Emigration"

Postby Flibbleites » Wed Jul 29, 2009 12:31 pm

Progressive Union wrote:Can the current legislature be corrected by amendment rather than repeal. As Laloinia stated, repeal does offer the change of inability of reinstatement.

Progressive Union - a member of ABSOLUTION.

No, and here is the reason why.

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Re: AT VOTE: Repeal "Right of Emigration"

Postby Goobergunchia » Wed Jul 29, 2009 4:19 pm

We feel that the reasons stated in the repeal are indeed loopholes that merit fixing in a replacement resolution. While we support the sentiments behind "Right of Emigration", we will support this repeal and look forwards to voting for a superior replacement resolution.

Goobergunchia votes in favor.

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Re: AT VOTE: Repeal "Right of Emigration"

Postby Omega Uliza » Wed Jul 29, 2009 4:57 pm

Sionis Prioratus wrote:Please vote FOR: http://www.nationstates.net/page=un

THE PEOPLES OF THE WORLD ASSEMBLED,

FULLY ACKNOWLEDGING "Right to Emigration" has a magnanimous spirit and that the vast majority of the Ambassadors and Delegates who voted for "Right to Emigration" did so for magnanimous reasons,

ACKNOWLEDGING that "pursuit of ambition, opportunity or refuge" or "escape from war, persecution or injustice" are almost without exception noble objectives,

BUT NEVERTHELESS ACUTELY AWARE no amount of goodwill can by itself repair the appalling flaws of a severely handicapped text,

SADLY NOTING Resolution #46 says, in relevant part (emphasis added):

"2. PERMITS member states to waive Section 1 **only** if any of the following conditions are true:
a) The person is either under penal servitude or undergoing (civil or criminal) legal proceedings;
b) The person **holds certain convictions** directly linking to sexual offences;
c) The person is below the age of maturity (as defined in their country of residence) and lacks the consent of their legal parents or guardians;
d) The person is either **militarily interned during conflict** or **legally mandated** to remain in the current country of residence following a **judicial ruling** or;
e) The person is suspected of espionage or intention to carry out terrorist acts by emigrating."

APPALLED that Resolution #46 has a very limited and fixed number of "waivers", thus for all practical purposes acting as a legal straitjacket, among other things PROHIBITING and/or CONFLICTING with national/international laws that may be in force that may require quarantine for catastrophic situations such as:

1) The epidemic outbreak of a deadly disease,
2) The containment of persons that carry massive amounts of radioactive elements due to nuclear fallout.

NOTING "conviction" can be conveniently interpreted as "a strong persuasion or belief",

SHOCKED that subsection 2.b) allows any Nation to hold indefinitely persons – against their will – within said Nation’s borders, on the sole basis of saying a person HOLDS CERTAIN "CONVICTIONS" without any need to show any proof (much less trials), making it all too easy to brand any person as a sexual pervert. This is an outrageous violation of national/international guarantees of due process and free speech that may be in force,

APPALLED that subsection 2.c) leaves open the possibility that in a war-torn Nation, able legal minors left without parents nor guardians, could be forced to stay in said Nation, even if by some reason, those legal minors could want and are able to pursue a better life in another Nation,

SHOCKED that subsection 2.d) allows any Nation to arbitrarily create/forge “conflicts” (which are not defined anywhere) and equally arbitrary “military intern[ments]” for anyone, effectively rendering this Resolution moot; ALSO, in 2.d) the rules and requisites for “legal mandate[s]” and “judicial ruling[s]” are not defined anywhere, essentially depriving individuals of the “right to emigration” simply by means of an arbitrary, unappealable and unjust “judicial ruling”,

THEREFORE, THE WORLD ASSEMBLY REPEALS Resolution #46, urging a wholesome, just, well-thought and well-written statute concerning emigration be drafted with all due diligence.


The Hon. Ambassador to Charlotte Ryberg accepts the Repeal and as Delegate she has cast her vote approving this Repeal. She is also drafting a replacement. Please refer to the following link to any and all suggestions/commentaries on what could possibly, hopefully become a "wholesome, just, well-thought and well-written" future replacement of current law.
http://forum.nationstates.net/viewtopic.php?f=9&t=8087


I wanted to put both of them up side by side to my comparison.

Description: OBSERVING that in the countries of the World Assembly, people choose to emigrate from one country to another for many reasons such as:
- Pursuit of ambition, opportunity or refuge or;
- Escape from war, persecution or injustice.

WHEREAS Emigration is defined as an act of a person or more leaving one country in order to settle in another, The World Assembly wishes to promote the right of emigration for such reasons.

The World Assembly therefore,

1. AFFIRMS the right of any person of a member state to emigrate from their current country of residence regardless of their status (such as disability, gender, sexuality, ethnicity or belief) unless the conditions in Section 2 are true.

2. PERMITS member states to waive Section 1 only if any of the following conditions are true:
a) The person is either under penal servitude or undergoing (civil or criminal) legal proceedings;
b) The person holds certain convictions directly linking to sexual offences;
c) The person is below the age of maturity (as defined in their country of residence) and lacks the consent of their legal parents or guardians;
d) The person is either militarily interned during conflict or legally mandated to remain in the current country of residence following a judicial ruling or;
e) The person is suspected of espionage or intention to carry out terrorist acts by emigrating.

3. ENCOURAGES member states to:
a) Help refugees who are fleeing from hostile situations such as: natural disasters, war, persecution or oppressive/unethical governments with respect being given to Section 1 of this resolution.
b) Help such refugees under these situations to travel safely and swiftly to countries that are more tolerant to them, and;
c) Take action or enact appropriate measures to prevent refugees from becoming stateless.

4. EMPHASIZES that this resolution shall have no effect on legislation of member states concerning on immigration.


As far as I see...it seems alright.

I am a little skeptical on not allowing those who have suffered from nuclear fallout to pass borders in search of hospital care.

But otherwise I approve...for the most part.
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Can't you see it has always been me,
Love of my life oh love of my life....

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