Noting the outcome of a recent discussion in respect to the the containment of epidemics or pandemics, the honoured ambassador to Charlotte Ryberg has accepted the repeal of the incumbent Right to Emigration law and therefore drafts a proposed replacement under the same category and strength:
A resolution to improve worldwide human and civil rights.
Category: Human Rights | Strength: Mild | Proposed by: Charlotte Ryberg
Description: The World Assembly,
Description: OBSERVING that in the countries of the World Assembly, people may emigrate from one country to another for many reasons such as:
• Pursuit of ambition, opportunity or refuge;
• Escape from war, persecution or injustice;
SEEKING to promote the right of emigration for such reasons;
DEFINES, for the purpose of this resolution:
• Emigration: an act of leaving one country in order to settle in another;
The World Assembly therefore,
1. MANDATES the following, unless any of the situations in Sections 2 and 3 are true:
a) A civilian of a member state who is above the age of majority, and is mentally sound, has the right to emigrate from their current country of residence regardless of their status (such as disability, gender, sexuality, ethnicity or belief).
b) A mentally capable civilian who is below the age of majority (as defined in their country of residence), and is orphaned, may emigrate if the said person has a genuine aspiration and determination to pursue a better life in another country;
c) Member states must allow legal parent/guardian(s) of a mentally incapable civilian to make such a decision on their behalf. For reasons of safety and well-being, a mentally incapable civilian who is emigrating must be accompanied by parent/guardian(s);
2. ALLOWS for member states to waive Section 1, if any of the following situations are true:
a) The person is under penal servitude, undergoing civil or criminal legal proceedings;
b) To prevent the spread of radiation/contagious diseases or to contain an ongoing disease epidemic/pandemic;
3. PROVIDES for member states to waive Section 1, as a result of a legitimate judicial ruling, that is delivered in good faith compliance with the clauses and intents of this resolution;
4. URGES the member state in which the emigrant left, upon successful emigration, to inform the new country of residence of its criminal history, if that emigrant has any.
5. URGES member states to enact appropriate legislation to prevent citizens from becoming stateless.
6. EMPHASIZES that this resolution shall have no effect on legislation of member states concerning on immigration.
The following bits were made redundant by GA #57 and subsequent new legislation and will no longer be part of the draft, but kept here for the record:
3. PROVIDES for member states to waive Section 1:
a) For persons suspected of espionage or intention to carry out terrorist acts abroad, for up to the maximum of 90 days (or lower if specified by national legislation), after which the person must be charged in criminal justice or be allowed to emigrate; (Habeas Corpus now covers this)
4. Further allows member states to waive Section 1 in peacetime only, if the country has experienced a net population decline of 5% or more of its population in each of the last five calendar years, provided that the clauses and intents of this resolution are respected. For the purpose of this resolution the net population decline is determined by the following traits: a low birth rate, a high death rate and a low net rate of immigration.
5. 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 the provisions of this resolution.
b) Help such refugees under these situations to travel safely and swiftly to countries that are more tolerant to them;
c) Take action or enact appropriate legislation to prevent refugees from becoming stateless.
See also:
- Recent repeal by Sionis Prioratus
- The incumbent version