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[Draft #1] Repeal: "Consular Rights"
Postby Simone Republic » Mon Dec 19, 2022 9:36 am
Motivation for repeal
This is a repeal and replace proposal to update the resolution "Consular Rights" (GAR#164).
There are two major issues with GAR#164:
GAR#164 does not allow (based on a strict reading of the terms used) nations to seek other nations' help in providing diplomatic services (paragraphs 6 and 9)
GAR#164 specifically only allows one visit per year for citizens imprisoned abroad (the exact wording is "meet with a representative of their home nation's diplomatic mission privately, within the prison, once per year"), which I consider to be grossly inadequate and far too restrictive
An extension to such rights is proposed in a new resolution as replacement, "Consular Protection Abroad", the draft of which is here:
viewtopic.php?f=9&t=527898
The existing resolution (GAR#164) applies only to citizens travelling abroad and accused/convicted of crimes, which we believe is a far too narrow set of circumstances. It also specifies that such services should be available "should such a diplomatic mission exist" (paragraphs 6 and 9), which creates an issue when a third party tries to help, as the European Union has moved to a model where every EU member has an obligation to represent the interests of the citizens of another EU member, if the country of origin does not have representation at the destination.
The proposed additional rights granted is discussed in that thread.
Text of repeal
The World Assembly,
Acknowledging the protection afforded by GAR#164 ("Consular Rights") to common citizens accused of or convicted of crimes in other states;
Concerned however that paragraph 6 requires that those seeking help abroad may meet representative(s) from "their home nation's diplomatic mission within a host nation, should such a diplomatic mission exist" and that paragraph 9 also allows prison visits only if "such a diplomatic mission exist";
Worried that not all member states would have the resources to have a diplomatic mission in every other state, and that recent developments in the multi-verse on sharing of diplomatic resources and permitting allied member states to assist each other's citizens in abroad through shared missions have been impaired by the wording of the said paragraphs 6 and 9;
Anxious that the existing resolution (paragraph 9) only grants “the right to meet with a representative of their home nation's diplomatic mission privately, within the prison, once per year, should such a diplomatic mission exist”, which is too infrequent and fails to take into account the physical and mental well-being of the prisoner, privacy as well as calendar differences across the multi-verse;
Pleased that a suitable replacement which will fix this issue and expand the protection afforded by diplomatic missions abroad is pending before the esteemed delegates of the World Assembly and looking forward to improved protection for citizens abroad;
Hereby repeals the resolution "Consular Rights".
Any comments appreciated as always.
Postby Simone Republic » Mon Dec 19, 2022 9:36 am
Motivation for repeal
This is a repeal and replace proposal to update the resolution "Consular Rights" (GAR#164).
There are two major issues with GAR#164:
GAR#164 does not allow (based on a strict reading of the terms used) nations to seek other nations' help in providing diplomatic services (paragraphs 6 and 9)
GAR#164 specifically only allows one visit per year for citizens imprisoned abroad (the exact wording is "meet with a representative of their home nation's diplomatic mission privately, within the prison, once per year"), which I consider to be grossly inadequate and far too restrictive
An extension to such rights is proposed in a new resolution as replacement, "Consular Protection Abroad", the draft of which is here:
viewtopic.php?f=9&t=527898
The existing resolution (GAR#164) applies only to citizens travelling abroad and accused/convicted of crimes, which we believe is a far too narrow set of circumstances. It also specifies that such services should be available "should such a diplomatic mission exist" (paragraphs 6 and 9), which creates an issue when a third party tries to help, as the European Union has moved to a model where every EU member has an obligation to represent the interests of the citizens of another EU member, if the country of origin does not have representation at the destination.
The proposed additional rights granted is discussed in that thread.
Text of repeal
The World Assembly,
Acknowledging the protection afforded by GAR#164 ("Consular Rights") to common citizens accused of or convicted of crimes in other states;
Concerned however that paragraph 6 requires that those seeking help abroad may meet representative(s) from "their home nation's diplomatic mission within a host nation, should such a diplomatic mission exist" and that paragraph 9 also allows prison visits only if "such a diplomatic mission exist";
Worried that not all member states would have the resources to have a diplomatic mission in every other state, and that recent developments in the multi-verse on sharing of diplomatic resources and permitting allied member states to assist each other's citizens in abroad through shared missions have been impaired by the wording of the said paragraphs 6 and 9;
Anxious that the existing resolution (paragraph 9) only grants “the right to meet with a representative of their home nation's diplomatic mission privately, within the prison, once per year, should such a diplomatic mission exist”, which is too infrequent and fails to take into account the physical and mental well-being of the prisoner, privacy as well as calendar differences across the multi-verse;
Pleased that a suitable replacement which will fix this issue and expand the protection afforded by diplomatic missions abroad is pending before the esteemed delegates of the World Assembly and looking forward to improved protection for citizens abroad;
Hereby repeals the resolution "Consular Rights".
Any comments appreciated as always.