[ABANDONED - GA] Political Rights Of Expatriates

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Political Rights Of Expatriates
Accelerator Draft Discussion and Review
Category: Civil Rights | Strength: Mild
Proposed by: Boston Castle | Onsite Topic​
The General Assembly,

RECOGNIZING that emigration is a practice employed by citizens of every nation,

UNDERSTANDING that the legal rights of emigrant communities have not necessarily been protected in national or international law,

NOTICING that this deficiency in existing legislation could result in discrimination both legally-sanctioned and otherwise legally permitted, HEREBY:
  1. Defines the following terms for the purpose of this law;
    1. ”Expatriate” as any person resident in a nation other than their birth nation provided they were i) not born in the nation they are resident in and ii) do not hold citizenship in the nation they are resident in,
    2. ”Community” as any organization which represents, as their primary mission, a particular ethnic, religious, or linguistic group whose origin is outside of the member nation they headquarter in,
    3. ”Birth nation” as the nation in which a person was born;
  2. Requires member states to allow the formation of political organizations which represent the interests of, culturally or politically, expatriate communities, though clarifying;
    1. Member states must not engage in segregationist policies in requiring expatriates to be members of political organizations which lay claim to community representation,
    2. Member states may not require these political organizations laying claim to representation of specific communities to operate solely in their community of interest;
  3. Clarifies that states may not deprive an expatriate of the right to citizenship in their birth nation as a prerequisite for residency in the nation they plan to emigrate to; and
    1. Excepting that if an expatriate attempts to acquire citizenship in their new nation of residence, member states may impose differing standards for citizenship for children of expatriates and may require one parent to obtain citizenship for a child born in their jurisdiction to automatically be a citizen of said member state;
  4. Further clarifies that member states may not infringe on the political and civil rights of expatriates, such as;
    1. Restricting their right to fully exercise their civil rights to freedom of speech or freedom of press in regards to statements relating to their nation of origin,
    2. Restricting their freedom of assembly as regards to membership in any organization which claims to provide representation for a diaspora community subject to prior and standing World Assembly legislation,
    3. Restricting their right to freely participate in national elections via any means provided by the nation which they hold citizenship in, though,
    4. Reserving that member nations may restrict the political and civil rights of expatriates where the law provides for the abrogation of those rights by declaration of a state of emergency, martial law, or other scenarios where civil and political rights are curtailed by the government.
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Note: This is an internal discussion on a draft proposal accepted to the WA Accelerator Program. Please rip this draft apart and offer any comments you may have; the objective here is to help the author make this proposal better. If the author does not have access to this subforum, comments will be communicated to them by the Minister or an assigned Deputy. Detailed feedback is appreciated and encouraged!
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Detailed opinions on whether to sponsor this proposal are likewise appreciated and encouraged!
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Reserved. Would say there are two issues I'd like feedback on:

1. Clause 2-whether to eliminate the "culturally or" bit of the first clause.

2. Someone on the NS Forums mentioned that 4(b) could (TL;DR version) be a NatSov violation and could force nations to recognize institutions they didn't want to.
 
I don't see anything that stands out to me as an issue, ICly or OOCly. I'll throw an Accept at it for the moment.
 
’Nation of origin’ as the nation where a person originates from;
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The intended meaning of this should really be made more clear; why not just say "as a person's birth nation" or similar?

Member states must not engage in segregationist policies in requiring expatriates to be members of political organizations which lay claim to community representation,
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Is this supposed to mean that segregationist policies may not be used in the pursuit of requiring expatriates to be members of these organizations, or that expatriates may not be required to be members of these organizations period?

Further requires that member states honor citizenship agreements as agreed upon by other member states in regards to dual citizenship,
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This is a bit confusing, though that might just be me. What is the intended meaning of this?

Member states may not deprive an expatriate of the right to citizenship in his home nation as a prerequisite for residency in the nation they plan to emigrate to
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You use "nation of origin," "home nation," and "nation of birth" seemingly interchangeably.

Member states may impose differing standards for citizenship for children of expatriates and may require one parent obtain citizenship for a child born in their jurisdiction to automatically be a citizen of said member state
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I know this isn't the main thrust of this proposal, but legislation dealing with naturalization and gaining citizenship could be quite interesting.

Restricting their right to fully exercise their civil rights to freedom of speech or freedom of press in regards to statements relating to their nation of origin
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Why limit it to "statements relating to their nation of origin"?

Clarifies that member states may not infringe on the political and civil rights of expatriates
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How does this work with necessary derogation due to states of emergency and other exceptions in current WA law?

Restricting their freedom of assembly as regards to membership
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I think the "to" is superfluous.
 
Cretox State:
The intended meaning of this should really be made more clear; why not just say "as a person's birth nation" or similar?


Is this supposed to mean that segregationist policies may not be used in the pursuit of requiring expatriates to be members of these organizations, or that expatriates may not be required to be members of these organizations period?


This is a bit confusing, though that might just be me. What is the intended meaning of this?


You use "nation of origin," "home nation," and "nation of birth" seemingly interchangeably.


I know this isn't the main thrust of this proposal, but legislation dealing with naturalization and gaining citizenship could be quite interesting.


Why limit it to "statements relating to their nation of origin"?


How does this work with necessary derogation due to states of emergency and other exceptions in current WA law?


I think the "to" is superfluous.
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1. That’s something that’s been brought up. Will change that in the post on the NS Forum. If OP could change it to “as a person’s birth nation”, that would be appreciated. (Will edit later with exact wording.)

2. The latter, I’ll look at it and then see if I can come up with more descriptive language.

3. This is a thorny question and one that’s honestly been plaguing me regarding this. I don’t want the language to require nations to allow for dual citizenship, but I do want it to reflect the current 3(a)-maybe make 3(a) the new clause 3? I know there’s probably a better, less snake-like logic to that proviso, but hasn’t seized me yet.

4. I see. Can definitely cut it down to the 2nd.

5. South St. Maarten is dealing with it in a proposal, iirc. I haven’t read through it in detail, but it seemed pretty fine to me. No idea how close it is to submission.

6. Correct me if I’m wrong but there may be a freedom of speech res already on the books and I see no point in extending it into an area where there might already be existing law. There’s not necessarily relating to third parties (in this case, relating to their birth nation).

7. Will add “excepting where provided for by declaration of a state of emergency, martial law, or other scenarios where civil and political rights are curtailed by the government”.

8. I don’t think it is. I think without it the clause is kind of odd.
 
Updates.

1. Clause 1(c) overhauled to read: “’Birth nation’ as the nation where a person was born;”

2. Clause 3 (original one) deleted. Clause 3(a) new clause 3.

3. “In his home nation” changed to “in their birth nation” to be more inclusive in new clause 3, old 3(a).

4. “If an expatriate attempts to acquire citizenship in their new nation of residence,” to be clearer in old 3(b)/new 3(a).

5. New clause 4(d) to take in Cretox’s last criticism (didn’t mesh well in overall clause 4). “Clarifying that member nations may restrict the political and civil rights of expatriates where the law provides for the abrogation of those rights by declaration of a state of emergency, martial law, or other scenarios where civil and political rights are curtailed by the government of their nation of residence.”
 
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Kenmoria addressed some more points on the forum, all minor/cosmetic ones, so I’d appreciate it if a Deputy Minister or Cretox could edit the draft to reflect these:

1. “The General Assembly” added at the top.

2. “Emigrant” has replaced “these” in front of communities in introductory “Understanding” clause.

3. Full quotation marks added in front of terms I define in clause 1.

4. “In which” replaced “where” in Clause 1(c).

5. “To” removed before “allow” in clause 2.

6. “To” added before “obtain” in clause 3(a).
 
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Happy Thanksgiving! I have a few changes to make when someone’s available.

1. “clarifies” added to beginning of clause 3

2. “excepting that if” added to clause 3(a)

3. “further clarifies that” becomes beginning of clause 4.
 
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My God, Westinor, I’m so sorry.

1. Delete “unless said organization is found to be in breach of existing national law and...” and replace it with “subject to prior and standing World Assembly legislation” added to clause 4(b) after discussions with @Maowi and @Bananaistan.
 
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This has been abandoned, by the way. I'm replacing it with a draft which only really covers 4(c) in this draft. Will post that in the Accelerator thread proper.
 
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