[GA] Limitations On Banishment [Complete]

The World Assembly,

NOTING the great strides past resolutions have taken in civil rights,

WISHING to continue those strides,

ACKNOWLEDGING that member states should, as far as possible, have the right to maintain control over their own penal code,

BELIEVING, however, that banishment, also known as exile, can often result in an unacceptable breach of civil rights,

CONCERNED that certain member states wish to enact banishment for the most minor of offences, such as the possession of tobacco farms, seeds or cigarettes,

HEREBY:

DEFINES banishment, for the purposes of this resolution, as the removal of an individual's citizenship and the enforced prohibition of said individual's return, either temporarily or permanently,

DEFINES a banished person, for the purposes of this resolution, as an individual who is serving banishment,

PROHIBITS the use of banishment as a valid punishment by member states, unless:

the only legal alternative punishments are life imprisonment or execution, and

the individual to be banished is given adequate opportunity to obtain citizenship of another state if they do not already possess such citizenship,

ESTABLISHES the Court of International Jurisdiction (CIJ), which shall:

hear cases for torts from banished persons against the banishing state,

have the authority to dismiss cases that are patently frivolous, and

provide access to applications of immigration, citizenship, and/or passports to banished persons seeking relocation,

CLARIFIES that nothing in this resolution empowers the CIJ to claim civil jurisdiction on non-member states or criminal jurisdiction on any state,

TASKS the World Assembly Office of Building Management to construct facilities adjacent to the World Assembly Headquarters for the purposes of housing banished persons for the duration of any necessary delay incurred as a result of this resolution or of prior unrepealed legislation,

ALLOWS member states to send banished persons to the aforementioned facilities for the duration and only for the duration of any necessary delay incurred as a result of this resolution or of prior unrepealed legislation,

DECLARES that member states utilising such facilities are not absolved of their responsibilities under Clause Three,

MANDATES that member states are required to inform banished persons, extant and ongoing, of the provisions established herein,

ENCOURAGES member states to provide citizenship to individuals that have been left stateless as a result of breaches of this resolution's mandates,

CLARIFIES that nothing in this resolution prevents member states from declaring a foreign citizen a persona non grata.

Click to expand...

• Vote For if you want the Delegate to vote For the resolution.
• Vote Against if you want the Delegate to vote Against the resolution.
• Vote Abstain if you want the Delegate to abstain from voting on this resolution.
• Vote Present if you are personally abstaining from this vote.

abc:

AGAINST. I can understand how many do not like the idea of banishment, but there are many scenarios where this would be a better option than torture or death. I believe WA member states should reserve the right to completely banish someone from the state if they are causing mass destruction.

Click to expand...

I encourage you to vote against this proposal. Crime and Punishment (#375) makes it unnecessary, and banishment should be available to member states as an alternative punishment for convicts who wish to choose it (e.g., "30 years in prison or exile, your choice").

Click to expand...