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
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