Post by Ananke II on Apr 19, 2010 3:05:20 GMT -5
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Emigration and Statelessnes
A resolution to improve worldwide human and civil rights.
A resolution to improve worldwide human and civil rights.
Category: Human Rights
Strength: Mild
Proposed by: Charlotte Ryberg
Description: The World Assembly,
OBSERVING that people may emigrate from one country to another for many reasons such as the pursuit of ambition, opportunity or refuge; or escape from war, persecution or injustice;
CONCERNED that a person may become stateless for emigrating from a member state or having nationality of a nation that ceased to exist without a successor nation;
SEEKING to promote the right to emigration and reduce statelessness;
Therefore,
DEFINES for the purpose of this resolution: “Emigration” as an act of leaving one country to settle in another; “Nationality” as the status of a person belonging to a particular state, where such status grants the automatic right of return to that state, that state's jurisdiction over that purpose and, upon attaining citizenship, grants the person civil and political rights of that state; “Statelessness” as having no nationality of any existing state; and “renunciation of nationality” as where a person wishes to cease being a national of said country;
1. MANDATES the following, unless any of the situations in Sections 2 and 3 are true:
a) A person of a member state who is above the age of majority, and is able to make decisions, 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 person who is below the age of majority (as defined in their country of residence), orphaned and is able to make decisions may emigrate if the said person has a genuine aspiration and determination to pursue a better life in another country, and is accompanied by a guardian from a receiving nation during and after emigration;
c) Member states must allow the legal parent/guardian(s) of a person unable to make decisions to make such a decision on their behalf and such a person must be accompanied by their legal parent/guardian(s) for their safety and well-being;
2. RECOMMENDS member states to waive Section 1, if any of the following situations are true:
a) The person is currently serving in the armed forces; 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. REQUIRES the member state in which the emigrant left, on successful emigration, to inform the new country of residence of its criminal history if that emigrant has any;
4. PROVIDES for member states to waive Section 1, as a result of a legitimate judicial ruling, which is delivered in good faith compliance with the clauses and intents of this resolution;
5. MANDATES that member states’ legislation regarding the renunciation of nationality shall be conditional upon a person’s acquisition or possession of another nationality;
6. PROHIBITS member states from depriving their civilian(s) of their nationality, so as to render them stateless, for any reason other than: Acquirement of nationality or citizenship by misrepresentation or fraud; or treason against that member state, unless no other state is willing to take them in;
7. CALLS FOR treaties regarding the transfer of territory (between member states or to a successor member state) to include provisions to prevent statelessness, with respect given to this resolution.
EMPHASIZES that nothing in this resolution shall be construed to effect the legislation of member states concerning immigration and the acquirement of nationality/citizenship.
