[ABANDONED] Asylum Accord

[Jutsa]

"This is step four of our four-part plan to replace resolution 57, which addresses the rights of people granted asylum and the nations granting them."

OOC: Smallest one, but I honestly didn't know how to fit it in with the other two.

Part 1: Proposal to repeal 57
Part 2: Legal Process of Refugees
Part 3: Rights of Refugees

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Asylum Accord
Category: Human Rights | Strength: Significant

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The World Assembly,

Recognizing its stance in favor of helping refugees,

Aiming to protect refugees from unjust treatment, deportation, and prosecution,

Hoping to balance the rights of sovereign states to rightly prosecute and extradite recognized criminals,

The World Assembly hereby enacts the following:

1. Defines "asylum" as the protection voluntarily granted by a nation to any refugee who is neither a citizen of nor fleeing from said nation;
   
   
2. No restrictions shall be placed on the right of member nations to grant asylum to any person they so wish, nor compel any nation to grant asylum to any person, with one exception:
   
   
   1. If the person is justifiably charged of crimes, then legislation governing extradition shall supersede this resolution;
3. Upon granting asylum, member nations are expected to:
   
   
   1. give the same protections assigned to all refugees;
      
      
   2. give further protection to those who protest the nation they came from, such as ensuring they are not physically harmed by
      
      
      1. the populace or government should either be supporters of said nation, nation of protest, or its allies or mercenaries;
         
         
      2. anyone working for or with the nation they fleed, should they attempt to punish or abduct said person in any way;
   3. not arbitrarily expel or revoke asylum from the person granted asylum without a reason justified by international laws and national laws which do discriminate against refugees or those granted asylum;
      
      
   4. allow access to naturalization and integration, favorable to the refugee, into society if the refugee asks for it; forced integration and naturalisation shall be covered by other laws regarding immigration as a whole;
      
      
   5. not force the person granted asylum into the nation, unless said person is being transported as a refugee from another nation that has not granted said refugee asylum.

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Asylum Accord
Category: Human Rights | Strength: Significant

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The World Assembly,

Recognizing its stance in favor of helping refugees,

Aiming to protect refugees from unjust treatment, deportation, and prosecution,

Hoping to balance the rights of sovereign states to rightly prosecute and extradite recognized criminals,

The World Assembly hereby enacts the following:

1. Defines "asylum" as the protection granted by a nation to any non-citizen;
   
   
2. No restrictions shall be placed on the right of member nations to grant asylum to any person they so wish, nor compel any nation to grant asylum to any person, with one exception:
   
   
   1. If the person is justifiably charged of crimes, then legislation governing extradition shall supersede this resolution;
3. Upon granting asylum, member nations are expected to:
   
   
   1. give the same protections assigned to all refugees;
      
      
   2. not arbitrarily expel or revoke asylum from the person granted asylum without a reason justified by national and international laws;
      
      
   3. allow access to naturalization and integration, favorable to the refugee, into society if the refugee asks for it; forced integration and naturalisation shall be covered by other laws regarding immigration as a whole;
      
      
   4. not force the person granted asylum into the nation, unless said person is being transported as a refugee from another nation that has not granted said refugee asylum.

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Asylum Accord
Category: Human Rights | Strength: Significant

---

The World Assembly,

Recognizing its stance in favor of helping refugees,

Aiming to protect refugees from unjust treatment, deportation, and prosecution,

Hoping to balance the rights of sovereign states to rightly prosecute and extradite recognized criminals,

The World Assembly hereby enacts the following:

1. Defines "asylum" as the protection granted by a nation to someone who has left their native country as a refugee;
   
   
2. No restrictions shall be placed on the right of member nations to grant asylum to any person they so wish, nor compel any nation to grant asylum to any person, with one exception:
   
   
   1. If the person is charged of crimes, then legislation governing extradition shall supersede this resolution;
3. Upon granting asylum, member nations are expected to:
   
   
   1. treat the person granted asylum as any other citizen within the nation granting asylum;
      
      
   2. not arbitrarily expel or revoke asylum from the person granted asylum, whereby said person may request assistance from the World Assembly to verify whether their expulsion was warranted;
      
      
   3. allow access to naturalization and integration, favorable to the refugee, into society if the refugee asks for it; forced integration is not permitted, however forced naturalization is.

[/list]

[Wallenburg]

No restrictions shall be placed on the right of member nations to grant asylum to any person they so wish, nor compel any nation to grant asylum to any person, with one exception:

"That is quite a claim when that's all 'Legal Process of Refugees' seeks to do."

1. If the person is charged of crimes, then legislation governing extradition shall supersede this resolution;

"So you will abandon political opponents of dictatorial states to near certain torture and probable death in some political prison, just because the nation they come from makes dissent illegal? What a disgusting concession to the worst states of the Multiverse."

Upon granting asylum, member nations are expected to:

1. treat the person granted asylum as any other citizen within the nation granting asylum;

"This is truly all over the place. First you demand that member states refuse political asylum, and then you demand that refugees have the right to vote. Absolutely ridiculous."

not arbitrarily expel or revoke asylum from the person granted asylum, whereby said person may request assistance from the World Assembly to verify whether their expulsion was warranted;

"How is the World Assembly going to go about doing this? How will the refugee in question reach the World Assembly?"

allow access to naturalization and integration, favorable to the refugee, into society if the refugee asks for it; forced integration is not permitted, however forced naturalization is.

"First, we will not give refugees special privileges to become citizens of Wallenburg. Second, I really cannot imagine why any state would force foreigners to become citizens."

[Kenmoria]

“My first major issue is within 3a; some countries may fell the moral obligation to protect migrants from the dangers of fleeing by accepting them, but that does not mean necessary citizenship and I see no reason why the qualifications for being a citizen should be the same as those to merely reside in a country.”

[Jutsa]

"That is quite a claim when that's all 'Legal Process of Refugees' seeks to do."

"I disagree. 'Legal Process of Refugees' addresses whether someone may be considered a refugee, and explicitly states that a person granted asylum be exempt from those restrictions,
as they are set up specifically for refugees not granted asylum.

"So you will abandon political opponents of dictatorial states to near certain torture and probable death in some political prison, just because the nation they come from makes dissent illegal? What a disgusting concession to the worst states of the Multiverse."

"If this is what our laws on extradition are, then it's probably about time we change our laws on extradition. I, however, have faith that said laws are well-ordered and such a horrific possibility overlooked."

"This is truly all over the place. First you demand that member states refuse political asylum, and then you demand that refugees have the right to vote. Absolutely ridiculous."

"We admit that treating the person as a citizen is simply too much, and this is a terrible mistake on our part.
We shall change this accordingly."

"How is the World Assembly going to go about doing this? How will the refugee in question reach the World Assembly?"

"The World Assembly has no courts, so unfortunately this clause shall be struck null and void."

"First, we will not give refugees special privileges to become citizens of Wallenburg. Second, I really cannot imagine why any state would force foreigners to become citizens."

"Forced naturalization is incredibly unlikely, but if a nation wants to do it, we believe they should have the right to do that.
However, I do believe that and forced integration both fall outside of the boundaries of this resolution, and either are or should be covered by immigration laws in general."

“My first major issue is within 3a; some countries may fell the moral obligation to protect migrants from the dangers of fleeing by accepting them, but that does not mean necessary citizenship and I see no reason why the qualifications for being a citizen should be the same as those to merely reside in a country.”

"We apologize for that, ambassador. Once again, this was truly the most horrific mistake by the grand council and sloppily plastered in between sips of grueling tea overdunked with crumpets."

OOC: Seriously idk where my head was with that one. Had a feeling this morning already that I should've waited a little while longer before finishing this one.
Regardless, thank you each for your help, particularly you Wallenburg. Thank you very much.

Edit: Ahaw, figured it out; my definition of "asylum". Changed it a bit, added a clause preventing forced transport into the nation granting asylum with the exception of refugees being in nations that have not granted asylum, and... yah, it's updated. Also added a "justifiably" in there, I know, for shame, but I'm editing part 1 in regards to that.

[Araraukar]

Defines "asylum" as the protection granted by a nation to any non-citizen;

IC: "This definition needs some work. Our law enforcement officers certainly will protect foreigners same as they do citizens, in similar situations, but that does not mean our nation had granted the foreigners asylum."

OOC: There are also unnecessarily large gaps (2 empty lines instead of one) in the draft coding.

[Jutsa]

"This definition needs some work. Our law enforcement officers certainly will protect foreigners same as they do citizens, in similar situations, but that does not mean our nation had granted the foreigners asylum."

"Granting asylum is not mandatory, ambassador. This resolution simply protects people who have been granted asylum, as well as a nation's rights to grant asylum, and another nation's rights to challenge asylum."

There are also unnecessarily large gaps (2 empty lines instead of one) in the draft coding.

OOC: I thought this was how lists worked... guess I made a booboo.

[Araraukar]

"This definition needs some work. Our law enforcement officers certainly will protect foreigners same as they do citizens, in similar situations, but that does not mean our nation had granted the foreigners asylum."

"Granting asylum is not mandatory, ambassador. This resolution simply protects people who have been granted asylum, as well as a nation's rights to grant asylum, and another nation's rights to challenge asylum."

IC: "You're missing the point. The way "asylum" is defined, means that any kind of protection - including the protections nations are required to provide by existing WA resolutions - granted by the nation makes it asylum. You list the proper attributes of asylum in the preamble. Use them in the definition instead and the problem is made much more manageable."

There are also unnecessarily large gaps (2 empty lines instead of one) in the draft coding.

OOC: I thought this was how lists worked... guess I made a booboo.

OOC: Eh, not really a booboo, it's just really noticeable when quoting the text, and unnecessary, as the list code keeps the points separate anyway.

[Imperium Anglorum]

These 'unnecessarily large' gaps are required to separate list items on the forum. Use of standard double spacing in list code doesn't introduce the correctly sized gap. If you look into the passed resolution thread, you'll see lots of examples of resolutions encoded like this. Of course, Ara would know that, if he drafted lots of resolutions.

[Kenmoria]

“3b seems extremely easily to loophole given the inclusion of national laws. National laws could dictate something that specifically targets refugees, or targets something at a social, religious or political group in which most of the refugees they are receiving belong.

Also, 3a seems to ignore the fact that some refugees may need different protections depending on circumstance. For example, a refugee that criticises the practices of the regime from which it came may be more at risk of violence from those who still support it, and thus need greater protection.”

[Jutsa]

“3b seems extremely easily to loophole given the inclusion of national laws. National laws could dictate something that specifically targets refugees, or targets something at a social, religious or political group in which most of the refugees they are receiving belong.”

"Excellent point, ambassador! We have added a small addition to the clause, now 3c, to hopefully prevent this."

“Also, 3a seems to ignore the fact that some refugees may need different protections depending on circumstance. For example, a refugee that criticises the practices of the regime from which it came may be more at risk of violence from those who still support it, and thus need greater protection.”

"Another excellent point. It has been decided that a new clause 3b be created, which includes 3bi and 3bii."

"You're missing the point. The way "asylum" is defined, means that any kind of protection - including the protections nations are required to provide by existing WA resolutions - granted by the nation makes it asylum. You list the proper attributes of asylum in the preamble. Use them in the definition instead and the problem is made much more manageable."

"This was a glaring mistake, and we sincerely apologize. We wholeheartedly agree and hope the new definition is more appropriate. Thank you, Ambassador."
*Looks at article 1.*
"Do you think 'refugee' should also be defined, for the sake of this resolution draft?"

[Araraukar]

1. Defines "asylum" as the protection voluntarily granted by a nation to any refugee who is neither a citizen of nor fleeing from said nation;

IC: "You are still not, in actual fact, defining "asylum"," Johan pointed out, "as it still only mentions "protection". Not all refugess require asylum. An asylum seeker may be a refugee or a displaced person, but not all refugees and displaced person seek asylum."

OOC: To familiarize yourself with the differences, read this: https://en.wikipedia.org/wiki/Asylum_seeker