[At Vote] [ga] Consular Protection Arrangements

[Astrobolt]

General Assembly Resolution

Consular Protection Arrangements

A resolution to improve worldwide human and civil rights.

Category: Civil Rights

Strength: Mild

Proposed by: Simone Republic

1. Defines:       
   1. Citizen(s) to mean individual(s) holding valid citizenship in a home state;
   2. Home state to mean the WA state where the citizen has citizenship;
   3. Host state to mean the state where the home state's citizen is located at the time assistance is sought;
   4. Mission to mean a diplomatic mission of a WA state and mission staff to mean accredited representatives of that state;
   5. State to mean any state and WA state to mean a member of the WA;
   6. WACC to mean the WA Compliance Commission;
   
   
2. Requires a home state, if it receives a request from a citizen, to offer assistance on the following:
   1. Any adoptions of children from the host state, and for migration, subject to extant resolutions;
   2. Issuing any identity documents needed from time to time, such as emergency passports;
   3. Any repatriations in an emergency if a citizen lacks the means to do so, including:
      1. Issuing temporary travel documents and assist in exiting the host state, if required;
      2. Arranging for transit to return to the home state, if needed;
      3. Repatriating a citizen to the home state if that citizen dies in the host state, if a prior wish for repatriation had been expressed or at the request of the deceased's next of kin;
      
      
   
   
3. Requires a home state, if a citizen is accused of a criminal offence in the host state, to offer assistance on the following matters:
   1. Provide guidance on the legal process of the host state;
   2. Arrange for competent legal advice or representation for the citizen, if such services are not provided by the host state;
   3. Attend the judicial proceedings of the citizen to the maximum extent permitted;
   4. Assist in providing mental health, translation and interpreting services, if such services are not provided by the host state;
   5. Provide reasonable financial assistance for legal and other expenses if the home state deems fit;
   6. From time to time (and with reasonable frequency, if requested by the citizen) have its mission staff meet with the citizen in a setting with sufficient levels of privacy, in order to offer or to render support;
   
   
4. Requires a home state to promptly offer assistance on the following matters, in addition to the assistance offered in clause 4, if a citizen of the home state is detained by the authorities of the host state, or is convicted of a criminal offence and incarcerated in the host state;
   1. Provide guidance on means for appeal(s) or seek other judicial relief;
   2. Facilitate visits by family members of the citizens to the host state to visit the detained citizen;
   3. Increased mental, visitation and other support to and for the citizen as the mission deems fit;
      
      
      
      
   
   
5. Requires a home state, if it has no mission(s) in a host state, to:
   1. Request the help of another WA state ("assisting state") that has a mission in the host state in offering the said assistance and any other assistance it may request;
   2. Require that the assisting state not decline such request(s) from the home state making such request(s), so long as:
      1. The home state fully indemnifies the assisting state for all the costs incurred; and
      2. The assisting state deems itself capable of offering such assistance;
      
      
   
   
6. Requires a home state:
   1. Not to revoke citizenship on its own citizens on the grounds of the said citizen seeking assistance under this resolution;
   2. Make all offers of assistance promptly and to the fullest extent possible, given its own capabilities;
   
   
7. Requires the host state, if it is a WA state, to:
   1. Fully cooperate with the home state(s) in the rendering of all assistance as defined in this resolution;
   2. Not entice or coerce someone to not seek assistance from their home state;
   3. Not object to the citizen that is both a citizen of the host state and the home state to request assistance from a home state, or the home state to render assistance to the citizen, subject to extant resolutions;
   
   
8. Clarifies:
   1. This resolution does not regulate whether a home state decides to extend consular protection to residents of that state that are not citizens of that state;
   2. A citizen may voluntarily decline any assistance offered for any reason if so desired;
   3. In case of disputes between WA states over this resolution, WACC shall have jurisdiction on a de novo basis.
   
   

This is the discussion thread. To cast your vote, go HERE

[Pantso]

TL; DR: So far as I can tell this resolution simply requires that a nation assist its citizens with legal matters when problems come up while traveling, like issues with passports and legal defense if they run into trouble with the law. It also requires the host state to cooperate in these matters.

The Republic of Pantso believes this is a reasonable, logical, and necessary measure to ensure the civil rights of travelers between nations and will recommend For.

[Jabberwocky]

So the home state is required to provide assistance to the citizen abroad even if that citizen has committed a grievous offense to the host state...even if the home state agrees that the offense is a crime. Alas, I can think of exceptions that will create legal paradoxes. But the respective nations can hash it out. I still like the idea behind it, so ultimately FOR.