The World Assembly,
Concerned that there is no legal jurisdiction upon the movement of all individuals.
Noting that all nations hereby use their sovereignity to enact jurisdiction of movement among individuals.
Observing that no international standard is set upon World Assembly members regarding the jurisdiction of movement.
Acknowleding that all individuals, regardless of status must be guaranteed due process in all member nations.
Therefore, hereby enacts:
Section 1: Refugee Convention
a. A Refugee is an individual actively fleeing or has fled their home nation due to fear of systemic or societal persecution and physical safety. Reasons for said fear, but is not limited to include: Race, Sex, Gender and Sexual Identity, Culture, War, Social Status and over-arching Discrimination. When an individual reaches Refugee status, the said individual has legal residency and has succesfully fled from systemic persecution and/or physical endangerment to their home nation.
b. All member nations are strictly prohibited from forcibly returning, expelling, or deporting a verified refugee back to any nation or territory where they would face the severe persecution, safety threats, or discrimination outlined in clause a.
c. All member nations shall guarantee the right of due process for all individuals that has reached the jurisdiction of said nation, regardless of status. Expunging the right of due process directly violates clause b.
d. All Member nations shall use their sovereignity and jurisdiction for Refugees to undergo a fair trial. Member nations are not prohibited from the removal or deportation of Refugees for reason such as, but is not limited to: Misrepresentation, Malice, Crime, Exploitation and Fleeing from a right and just prosecution from their home nation.
e. Clause d shall not be a legal reason to forcibly deport, remove, expell or return a Refugee to their home nation or another nation. All Refugees shall be given fair and just due process.
f. Member nations with Refugees shall be legally required to protect all Refugee Individuals. However, if a Refugee voluntarily leaves the nation they have seeked refuge in and returns to their home nation, one cannot be considered a Refugee.
Section 2: Asylum Seeker Jurisdiction
a. An Asylum Seeker is an individual seeking Asylum in another nation due to systemic persecution and physical safety. Reasons of fear remain indifferent to that of a Refugee. Unlike a Refugee, an Asylum Seeker is undergoing due process and a fair trial to determine Refugee status in the nation the individual has arrived in. Therefore, an Asylum Seeker is not a legal resident of the nation they wish to seek residence in, thus seperating their legal status from a Refugee.
b. Once an Asylum Seeker has reached the point of entry in a member nation, an asylum seeker has the legal right to be documented. All Asylum Seekers must then be given due process to determine their status. An Asylum Seeker currently undergoing Due Process shall be under "Maintained Status". During this said status, Asylum Seekers cannot be forcibly deported or removed by a member nation unless an Asylum Seeker has violated a member nation's law and is choosing not to comply.
c. An Asylum Seeker who chooses not to comply with the member nation's jurisdiction and legal process is an Illegal Immigrant/Individual. An Illegal Immigrant/Individual may become illegal in the stated reasons, but is not limited to: Crime, Voluntary Undocumentation and Non-Compliance of the law.
d. All Member nations have the legal right to deport, expel, remove and reject Asylum Seekers once due process and fair trial has ended with a result of a fair and just rejection. All Member nations retain national sovereignity to deport, expel, and remove Asylum Seekers when voluntarily choosing not to comply with legal procedures and provisions.
e. Clause d shall not be a reason to forcibly deport, expel, remove or return Asylum Seekers. All Asylum Seekers must be given a fair and just due process and trial.
Section 3: General Provisions
a. All Individuals regardless of status must be given due process, a fair trial and reasonable, concrete legal provisions. Discrimination and Prejudice shall not be a justifyingly over-arching legal reason to deny one's basic right of due process.
b. Member nations shall absolutely be strictly prohibited from utilizing punitive imprisonment, hard labor, or cruel and unusual punishment against foreign civilians for simple, accidental tourist visa overstays or lack of physical identity documents.
c. Member nations shall be prohibited from intentionally separating immediate family units (such as, but is not limited to parents, guardians, and minor dependents) during transit processing, border detentions, or administrative reviews.
d. Member nations and their corresponding national Jurisdiction and Sovereignity must have a legal duty of protecting all individuals within the Jurisdiction of said member nation to protect any individual from physical harm and abuse.
e. Member nations must apply their Sovereignity and Jurisdiction to regulate and check Civilian Movement.
f. Member nations retain their legal right to administratively control Civilian Movement within a Member nation's jurisdiction as long as National Sovereignity does not cause the physical or mental harm and abuse of all individuals, regardless of status. This clause shall not be used as a legal reason to unfairly detain, deport or prevent an individual from entering and exiting a Member nation.
Section 4: Stateless Individuals
a. A Stateless Individual is an individual who does not legally belong to any nation. They do not possess citizenship and legal documentation in any nation.
b. A member nation shall have a legal responsibility to protect all stateless individuals. A member nation will have the legal obligation to represent any stateless individual in courts and documentation.
c. Member nations must protect stateless individuals from physical harm and exploitation. Member nations cannot forcibly remove, deport, expel or return a stateless person to any other nation. A Stateless Individual must undergo due process and a fair trial first.
d. Member nations are encouraged to implement Ancestral DNA testing among stateless individuals as proof of their ancestral background in a Member nation. A member nation must work with stateless individuals to undergo Ancestral DNA testing. A member nation is legally required to make a stateless person anonymous in Ancestral DNA testing if a stateless person wishes to remain anonymous to protect their identity.
e. Once Ancestral DNA has proven that a Stateless Individual has ancestral ties to a Member nation, a Member nation is legally encouragedto grant a Stateless Individual Legal Residency or Citizenship. Other evidence such as, but is not limited to: Cultural Background, Racial Background and Ancestral Domains may also be used and contributed towards evidence of Residency and Heritage from a Member nation. Once a Stateless Individual has achieved citizenship status, they shall have the right to use a Member nation's passport and travel rights. A Stateless Individual achieving citizenship must not be treated with discrimination and prejudice.
Section 5: Foreign Nationals
a. A Foreign National is an Individual who is not from a Member nation they are currently, physically in. They possess citizenship and nationality from their home nation, not the nation they are currently in.
b. All foreign nationals shall have a legal obligation to follow a member nation's laws, sovereignty and jurisidiction.
c. All foreign nationals upon arriving the port of entry in a member nation is legally required to possess and present legal documentation of their status upon arrival. A member nation retains the legal right to deny any foreign nation in an immigration point to enter said member nation due to the lack of legal documentation and status to legally enter said member nation.
d. Clause c cannot be a legal reason to deny a foreign national due process and civic rights. A member nation cannot forcibly remove, deport and expel a foreign national under unfair and unjust circumstances such as, but is not limited to: systemic discrimination and lack of due process.
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