[GA - DEFEATED] Protections During Territorial Transitions

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Protections During Territorial Transitions
Category: Civil Rights | Strength: Mild
Proposed by: Daarwyrth, Co-authored by: Bears Armed Mission | Onsite Topic


Let it be known that this august body confirms that territorial transitions between member states may occur as part of trade agreements or other diplomatic proceedings, and that sovereign states have the right to manage their territory as they see fit; Let it be further known that this international organisation applauds previously passed legislation and its mandate that member states allow their inhabitants to fulfil their basic needs, yet is left troubled about the fate of those inhabitants that must endure the effects of territorial transitions; and
Thus, the World Assembly enacts as follows:
For the purposes of this resolution, these terms will be defined in the following manner:
    1. a "transition" as the transfer of territory from one sovereign state to another sovereign state resulting from economic, political or diplomatic proceedings and where at least one member nation either acquires or cedes territory;

    2. a "receiving state" as a member state that acquires territory as a result of a transition;

    3. a "ceding state" as a member state that cedes territory as a result of a transition;

    4. an "affected inhabitant" as an inhabitant of any area of a member state that is directly affected by a transition;

  1. Member states involved in a transition must inform affected inhabitants extensively and with sufficient advance notice on any jurisdictional changes that they will be subjected to as a result of a transition, and provide affected inhabitants with all other information relevant to that transition, and the changes it will inflict upon them, unless affected inhabitants have overtly communicated not to want such information or contact on the subject;

  2. Ceding states must allow affected inhabitants who are unwilling to become the inhabitant of the receiving state as a result of a transition to relocate to another part of the ceding state that is suitable for civilian habitation, without any harmful impact upon their existing rights, duties and protections;

  3. Ceding states must assist affected inhabitants who would be unable to see to their basic needs as a result of relocating within that state in line with their right as granted by Clause 3;

  4. In cases of mass relocation as a result of a transition, or multiple transitions, which would cause a ceding state to be overwhelmed in terms of housing and the fulfilment of affected inhabitants' basic needs, Clauses 3 and 4 may be temporarily waived (and resolved through other suitable, temporary measures) until that state is no longer so overwhelmed;

  5. Receiving states must offer affected inhabitants citizenship within their jurisdiction if the latter held that status within the ceding state, or any other equivalent right to residency that they enjoyed in said state;

  6. Receiving states must automatically transfer any rights, privileges and duties that an affected inhabitant held in the ceding state, or grant them close equivalents to such rights, privileges and duties if such did not previously exist within the receiving state's jurisdiction;

  7. Nothing in Articles 6 and 7 prevents receiving states from offering affected inhabitants new rights and privileges upon the finalisation of a transition;

  8. Receiving states must grant inhabitants who have had their citizenship or right to residence transferred as a result of a transition, a period of acclimatisation to their change of jurisdiction, which must be of a fair length and grant them enough time to integrate into their new nation, and which should be taken into consideration by the authorities of the receiving state where appropriate and necessary;

  9. Receiving states must provide affected inhabitants with aid and/or guidance regarding affairs such as legal integration into their new jurisdiction or the learning of the receiving state's official language(s) free of charge, should those inhabitants request such assistance;

  10. Both receiving and ceding states must ensure that the safety and wellbeing of affected inhabitants are not unduly infringed upon as a result of a transition;

  11. All member nations involved in a transition must have the provisions of this resolution included in the treaties and/or agreements regulating the transition of territories as per the definition of Clause 1a, regardless of whether the other nations involved in those agreements are or are not also WA members.
Note: Only votes from TNP WA nations and NPA personnel will be counted. If you do not meet these requirements, please add (non-WA) or something of that effect to your vote.
Voting Instructions:
  • 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.
Detailed opinions with your vote are appreciated and encouraged!


ForAgainstAbstainPresent
3300
 
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Yeah, they’re portions of this I’m definitely against. Clauses 7 and 8 seems like carte blanche for citizens of a nation A to completely mess with. I don’t know why “integration” is much of a concern at all in clause 9. I also quite dislike the qualifier of “should those inhabitants request that assistance” with the areas that have it because those things with that qualifier are the bare minimum in this scenario!

Against.
 
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Yeah, they’re portions of this I’m definitely against. Clauses 7 and 8 seems like carte blanche for citizens of a nation A to completely mess with. I don’t know why “integration” is much of a concern at all in clause 9. I also quite dislike the qualifier of “should those inhabitants request that assistance” with the areas that have it because those things with that qualifier are the bare minimum in this scenario!

Against.
Could you explain what you mean with the comment about Clause 7 and 8? Those were included after it was pointed out to me that nations should have the ability to grant new inhabitants additional rights if they want to. Furthermore, Imperium Anglorum mentioned that there should be an automatic transfer of rights for rights, which is why Clause 7 was constructed to serve as an automatic transfer or rights for rights. It seemed like a sensible clause to have included.

As to the comment about Clause 9, the previous iteration of the proposal contained a line that help had to be offered, but the commentary on that was that it was too forceful and should be changed to a situation where such assistance has to be given to inhabitants that ask for it. The reasoning behind it that was given by the commenters is that citizens may not want to get that assistance and thus should not be forced onto them.

I'm just a little surprised you voted against, as I recall that you were very positive about the previous iteration of the proposal, and the proposal didn't change fundamentally from the last one, so I was curious about the feedback as to what changed. Especially the part about the part "should those inhabitants request that assistance" as that was already a part of the previous version of the proposal as well, and it did not seem to pose a problem then, so I'm just curious as to what changed.
 
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Against. Primarily due to clauses 7, which appears to require the receiving state to create new rights, privileges and duties benefitting or burdening (as the case may be) affected inhabitants over the citizens/residents of the state prior to the transition. While I can appreciate the aim here, it strikes me that in some cases this could effectively require a receiving state to run parallel states, at least until the death of the last affected inhabitant, depending on the level of difference between the receiving and ceding states.
 
Against. Primarily due to clauses 7, which appears to require the receiving state to create new rights, privileges and duties benefitting or burdening (as the case may be) affected inhabitants over the citizens/residents of the state prior to the transition. While I can appreciate the aim here, it strikes me that in some cases this could effectively require a receiving state to run parallel states, at least until the death of the last affected inhabitant, depending on the level of difference between the receiving and ceding states.
That is why Clause 7 includes the following line:

"or grant them close equivalents to such rights, privileges and duties if such did not previously exist within the receiving state's jurisdiction"

This means that no new rights, privileges or duties have to be created, only that the new inhabitant receives a right, privilege or duty that is a close equivalent to what they previously had, and which exists within the receiving state's national jurisdiction at that moment. So, the resolution does not mandate that new rights have to be created that would benefit the affected inhabitants over the existing inhabitants. It only requires that the closest equivalent to that right is given to the affected inhabitant.
 
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Against

I like the idea, but it's awfully executed. Clause 5 functionally renders Clause 3 and 4 moot since a state affected would immediately claim "overwhelmed" status until the transition was complete. Further, the phrase "close equivalents" in Clause 7 is rife for exploitation. What constitutes a "close equivalent" will end up being left to the discretion of the state in question (given that the measure makes no provision for any neutral arbitration or dispute mediation), which will then enable them to offer a right which cannot be exercised to a comparable degree and claim equivalency. The resolution doesn't ultimately create usable protections in which it claims it does in practice, and it therefore completely fails to be worth implementing.
 
Against.
The Comrades' Assembly has determined through parliamentary-style debate that if the, to use their words, "Losing Side" wanted special transitory rights or to uphold certain rights, they should have fought harder as to not lose in the conflict.
 
I do not want to get into another "but GA#124 says you can't ban medications on the Effective Medicines List"-style argument here. All I will say is that Article 7 likely acknowledges the fact that not every state which takes part in a transition involving a member state will have exactly the same package of rights.
 
Two of the main claims made in this thread were contradicted by the proposal author, so for now I am slightly leaning For this proposal. I will say that the claim that the “close equivalents” part can be exploited is a convincing claim.
 
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