[LAST CALL] Declaration of Mobility Rights

[Cretox State]

"While we do admire the efforts of GAR#279 "Right of Emigration" in guaranteeing the right to leave a member nation, we are concerned by two peculiarities of that resolution. First, 'emigration' is undefined, and therefore implies permanent relocation. Second, the proposal protects the right to emigrate without protecting freedom of movement within a country, or the ability to return to a home country. Our proposal is not intended to replace #279; rather, it is intended to supplement it under a broader scope."

OOC: Maybe the category should be Civil Rights | Strong instead?

Declaration of Mobility Rights

Category: Civil Rights
Strength: Strong

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The World Assembly,

Recognizing the free movement of people as a critical civil liberty, while also appreciating the need for reasonable limitations on the free movement of people where such limitations would serve a compelling public interest,

Applauding the efforts of GAR#279 "Right of Emigration" in protecting the right of individuals to leave their home country,

Noting, however, that the aforementioned resolution is limited to protecting the ability of individuals to emigrate, implying permanent relocation, and

Believing that a more expansive resolution protecting freedom of movement under a broader scope is in interests of all peoples and member nations of this body, hereby:

1. Declares that generally, all people residing within a member nation have the right to:
   1. move and select their residence within the territory of that nation;
   2. depart said nation, permanently or temporarily; and
   3. return to their home nation after departing;
2. Clarifies that:
   1. the rights provided for in section 1 of this resolution shall only be subject to restrictions provided for by law, which are necessary to protect national security or public health, or which serve a clear and compelling public interest that demonstrably outweighs the public interest served by the absence of such restrictions;
   2. member nations may not impose unnecessarily onerous or arbitrary restrictions on the ability of people residing within them to exercise the rights provided for by section 1 of this resolution; and
   3. no part of this resolution shall apply to people who are not permanent domestic residents of a member nation, or to the pursuit of employment not within any member nation.

[Cretox State]

Declaration of Mobility Rights

Category: Free Trade
Strength: Strong

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The World Assembly,

Recognizing the free movement of individuals as an essential civil liberty,

Further recognizing the free movement of labor specifically as being essential to economic growth,

Applauding the efforts of GAR#279 "Right of Emigration" in protecting the right of individuals to leave their home country,

Noting, however, that the aforementioned resolution is limited to protecting the ability of individuals to emigrate, implying permanent relocation, and

Believing that a more expansive resolution protecting freedom of movement under a broader scope is in the public and commercial interests of all peoples of this body, hereby:

1. Declares that generally, all people residing within a member nation have the right to:
   1. move and select their residence within the territory of that nation;
   2. depart said nation, permanently or temporarily; and
   3. return to their home nation after departing;
2. Clarifies that:
   1. the rights provided for in section 1 of this resolution shall only be subject to reasonable restrictions explicitly provided for by law, which are necessary to protect national security or public health, or which serve a clear and compelling public policy interest that outweighs the public interest served by the absence of such restrictions;
   2. member nations may not impose unnecessarily onerous or arbitrary restrictions on the ability of people residing within them to exercise the rights provided for by section 1 of this resolution; and
   3. no part of this resolution shall apply to people who are not permanent domestic residents of a member nation, or member nations in general.

[Tinfect]

"We see little particular reason for this draft, though we cannot begrudge its patching of holes in International Law, however minor," said Feren, "Really, there's, not really much to say; I do hope you are prepared to fail at vote simply on the basis that it's... such a minuscule concern."

[Kenmoria]

“There’s no reason to oppose this, so it has my full support. I do think that the ‘civil rights’ category would be a better area of legislation to target, since you are protecting people’s rights as a key aim.”

[Honeydewistania]

"Are there plans to repeal 279 for redundancy if this is passed?"

[Cretox State]

"We see little particular reason for this draft, though we cannot begrudge its patching of holes in International Law, however minor," said Feren, "Really, there's, not really much to say; I do hope you are prepared to fail at vote simply on the basis that it's... such a minuscule concern."

"We would hardly consider such concerns to be minor, Ambassador. The existing resolution mentioned in our preamble specifically limits itself to protecting the right to emigrate, a term which the resolution in question leaves entirely undefined. Protecting the right to leave a country for the purposes of permanent relocation is a great start, but our proposal would do quite a bit more than that."

“There’s no reason to oppose this, so it has my full support. I do think that the ‘civil rights’ category would be a better area of legislation to target, since you are protecting people’s rights as a key aim.”

"Much appreciated. We're currently debating whether to put this under 'civil rights' or 'furtherment of democracy,' considering that the legislation is written from the angle of benefiting member nations in sum, rather than expanding the rights of individual citizens."

"Are there plans to repeal 279 for redundancy if this is passed?"

"At this stage, we make no promises. I will say though, had we believed the two resolutions could not coexist, we would have presented a repeal proposal by now."

[Bananaistan]

"We do not think that this is a necessary piece of legislation. Regarding GAR#279, emigration is a common enough and easily understood word that does not require a definition, and that resolution has a greater number of reasons for which a nation may justifiably prevent a person from leaving their jurisdiction that is included here."

[Cretox State]

"We do not think that this is a necessary piece of legislation. Regarding GAR#279, emigration is a common enough and easily understood word that does not require a definition, and that resolution has a greater number of reasons for which a nation may justifiably prevent a person from leaving their jurisdiction that is included here."

"That is precisely the problem. Emigration specifically refers to leaving a nation in order to permanently reside elsewhere. GAR#279 does not protect the ability of people to return to their home nations, nor does it provide for free movement within a nation."

[Comfed]

“This is just another example of the World Assembly interfering in our active program of repression of democracy and freedom.”

[Cretox State]

“This is just another example of the World Assembly interfering in our active program of repression of democracy and freedom.”

"Cheers."

[Cretox State]

Bumping this.

[Comfed]

“This is just another example of the World Assembly interfering in our active program of repression of democracy and freedom.”

"Cheers."

"No, ambassador. You see, nations have rights to gover their people, which come before those of the World Assembly."

[Honeydewistania]

the rights provided for in section 1 of this resolution shall only be subject to reasonable restrictions explicitly provided for by law, which are necessary to protect national security or public health, or which serve a clear and compelling public policy interest that outweighs the public interest served by the absence of such restrictions;

This is way too vague. What counts as national security? If you were wanted for petty theft do you count?

Also this is definitely not furtherment of democracy, nor is it strong. It’s significant at best

[Cretox State]

Edited and bumped.

[Honeydewistania]

What is an example of a clear and compelling public policy interest

[Cretox State]

What is an example of a clear and compelling public policy interest

There's a terror attack in a city, which warrants restricting movement in that area. A tropical storm is bearing down on a coastal area; wouldn't it make sense for local flights to be temporarily canceled? As examples.

[Cretox State]

Feedback bump.

[Honeydewistania]

What is an example of a clear and compelling public policy interest

There's a terror attack in a city, which warrants restricting movement in that area. A tropical storm is bearing down on a coastal area; wouldn't it make sense for local flights to be temporarily canceled? As examples.

So these policies require on the public’s approval (so if majority don’t see the need to prevent emigration during a terrorist attack the law doesn’t apply), am I correct?

[Separatist Peoples]

There's a terror attack in a city, which warrants restricting movement in that area. A tropical storm is bearing down on a coastal area; wouldn't it make sense for local flights to be temporarily canceled? As examples.

So these policies require on the public’s approval (so if majority don’t see the need to prevent emigration during a terrorist attack the law doesn’t apply), am I correct?

"Nothing in this draft appears to require a consensus. Merely a policy justification."

[Honeydewistania]

So these policies require on the public’s approval (so if majority don’t see the need to prevent emigration during a terrorist attack the law doesn’t apply), am I correct?

"Nothing in this draft appears to require a consensus. Merely a policy justification."

"Thank you for clarifying this. I can now give full support."

[Cretox State]

Bump.

[Separatist Peoples]

"This seems entirely harmless. We will not oppose it."

[Honeydewistania]

Please do not use the word 'reasonable'.

[Cretox State]

Please do not use the word 'reasonable'.

"Clarifies that... the rights provided for in section 1 of this resolution shall only be subject to reasonable restrictions provided for by law, which are necessary to protect national security or public health, or which serve a clear and compelling public interest that demonstrably outweighs the public interest served by the absence of such restrictions."

Is the "reasonable" detrimental here?

[Honeydewistania]

Please do not use the word 'reasonable'.

"Clarifies that... the rights provided for in section 1 of this resolution shall only be subject to reasonable restrictions provided for by law, which are necessary to protect national security or public health, or which serve a clear and compelling public interest that demonstrably outweighs the public interest served by the absence of such restrictions."

Is the "reasonable" detrimental here?

Is it beneficial?